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
Consumers Legal Remedies Act
Unfair Competition

Elsa Polo, on behalf of herself and all others similarly situated v. Innoventions International LLC, Innova, and Does 1 through 10, inclusive

Published: Feb. 7, 2015 | Result Date: May 12, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 2:13-cv-00830-ABC-RNB Bench Decision –  Defense

Court

USDC Central


Attorneys

Plaintiff

Erica E. Hayward

Christopher L. Rudd
(The Rudd Law Firm)


Defendant

Thomas J. Peistrup
(Leech Tishman Fuscaldo & Lampl LLP)

Michael S. Adler
(Tantalo & Adler LLP)


Facts

Elsa Polo filed a class action against Innoventions International LLC, and Innova, alleging violations of California's consumer protection laws.

Contentions

PLAINTIFF'S CONTENTIONS:
Polo alleged that she purchased a product known as "DiabeStevia." According to defendants, the product was supposedly extracted from the leaves of a plant called "stevia rebaudiana." Polo contended that defendants marketed the product, claiming that it was a natural product for diabetes, and would help in regulating blood sugar, preventing damage. Polo alleged that defendants targeted consumers with diabetes and hypertension.

DEFENDANTS' CONTENTIONS:
Defendants moved for summary judgment.

Result

The district court granted defendants' motion for summary judgment and dismissed the claims on its merits. The court ordered Polo to take nothing from the action, and allowed defendants to recover costs from her.

Other Information

FILING DATE: Feb. 11, 2013.


#82891

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

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