This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Consumer Law
Breach of Warranty
Magnuson-Moss Warranty Act

John Sandoval on behalf of himself and all others similarly situated v. PharmaCare US Inc.

Published: Sep. 17, 2016 | Result Date: Aug. 31, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 3:15-cv-00738-H-JLB Summary Judgment –  Defense

Court

USDC Southern District of California


Attorneys

Plaintiff

Gregory S. Weston
(The Weston Firm)


Defendant

Patty H. Lee
(Seyfarth Shaw LLP)

Aaron Belzer

Lawrence E. Butler
(Seyfarth Shaw LLP)

Giovanna A. Ferrari
(Seyfarth Shaw LLP)


Facts

Plaintiff brought a class action complaint against defendant relating to its "IntenseX" supplements. He asserted claims under California's Unfair Competition Law, False Advertising Law, Consumer Legal Remedies Act, California express and implied warranty law, and the federal Magnuson-Moss Warranty Act.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant labeled its product as "IntenseX" implying that the ingredients would enable "intense sex" even though the product was not effective as an aphrodisiac. Furthermore, he claimed that defendant's claims that IntenseX increased "Sexual Power and Performance" and was "designed to intensify your endurance, stamina and sexual performance" were false and misleading.

DEFENDANT'S CONTENTIONS:
Defendant contended in its motion for summary judgment that IntenseX was a dietary supplement that did not contain any prescription drug ingredients or claims that it would have any positive effect on or treat impotence, erectile dysfunction, and other sex-related problems.

Result

The court granted defendant's motion on all claims, except on Magnuson-Moss, which it dismissed for lack of jurisdiction.


#125157

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390