Ottesen

Ottesen v. Hi-Tech Pharmaceuticals, Inc.

Good Law
United States District Court, Northern District of CaliforniaDecember 23, 20244:19-cv-07271California9,423 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ALLISON OTTESEN, et al., Case No. 19-cv-07271-JST

Plaintiffs,

ORDER GRANTING IN PART AND

v. DENYING IN PART MOTION TO

DISMISS

HI-TECH PHARMACEUTICALS, INC., Re: ECF No. 99 Defendant.

12 Before the Court is Defendant Hi-Tech Pharmaceutical’s (“Hi-Tech”) motion to dismiss Plaintiffs’ first amended complaint. ECF No. 99. The Court will grant the motion in part and deny it in part. I. BACKGROUND Because the facts are well-known to the parties and the Court has summarized Plaintiffs’ allegations in detail in its prior orders, ECF Nos. 41, 70, the Court will not elaborate them here. In sum, Plaintiffs Allison Ottesen, Sean Allen, and Lauren Accardi bring this putative class action against Hi-Tech for allegedly manufacturing, distributing, and selling supplements containing the ingredient DMHA,1 which is allegedly “illegal and not generally recognized as safe.” ECF No. 79 ¶ 2 (“FAC”). Plaintiffs bring claims for breach of implied…

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