Facts

Defendant CVS Pharmacy is a drugstore chain located throughout the United States including California. It has been looking to differentiate its store brand (or privately labeled) merchandise from the brand-name products sold in stores and its website. For CVS, as a whole, its private label products are generally more profitable than the name-brand products it sells, at times generating sales two times more than the next brand. Products it sells under its private label include over-the-counter pain reliever and fever reducers, including CVS Health Infants' Pain & Fever Acetaminophen. Plaintiff Brian Youngblood, on behalf of himself and all similarly situated persons who purchased CVS Health Infants' Pain & Fever Acetaminophen brought a class action complaint against CVS.

PLANTIFF'S CONTENTIONS: Plaintiff contended that CVS charges substantially more for its Infants' product - up to six times as much per ounce - than for its children's product. Yet there is no reason for the dramatic price increase as both medicines are identical but for the packaging. The packaging misleads parents into thinking the infants' product is specially-formulated - or otherwise possesses some unique medicinal quality - to make it specifically appropriate for infants as opposed to older children.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Result

The third amended complaint was dismissed without leave to amend and therefore, the action was dismissed.