UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
MARY BETH MONTERA,
Case No. 16-cv-06980-RS Plaintiff, 11 v. ORDER AWARDING STATUTORY DAMAGES OF $8.3 MILLION ON
PREMIER NUTRITION CORPORATION, REMAND
13 Defendant.
I. INTRODUCTION This long-running dispute over Defendant Premier Nutrition’s discontinued product, Joint Juice, returns on remand from the Ninth Circuit. After a nine-day trial in 2022, a jury found Premier liable to a class of New York purchasers for deceptive advertisement of Joint Juice. In particular, the jury found Premier had violated New York General Business Law (“GBL”) Sections 349 and 350, which impose statutory damages of $50 and $500, respectively, or actual 20 damages, whichever is greater. N.Y. Gen. Bus. L. §§ 349(h), 350-e. Mary Beth Montera, 21 representing the class, sought an aggregated statutory damages award based on both statutes, 22 amounting to $550 per violation, for a total award of approximately $91 million.…