Ryan Edmundson v. the Procter & Gamble Company

MEMORANDUM

Plaintiff-Appellant Ryan Edmundson filed a putative class action against the Procter & Gamble Company (“P & G”), which manufactures, markets, and sells “Fusion Power” and “Fusion Manual” shaving handles and razor cartridges. Edmundson alleged that P & G engaged in false advertising for these products in violation of California’s Unfair Competition Law, Cal. Bus. & Prof.Code § 17200-10, and Consumer Legal Remedies Act, Cal. Civ.Code § 1770. The district court dismissed Edmundson’s action for failure to state a claim.

We have jurisdiction pursuant to 28 U.S.C. § 1291 . Reviewing the district court’s dismissal de novo, and construing all allegations in Edmundson’s favor, Williams v. Gerber Prods. Co., 552 F.3d 934, 937 (9th Cir.2008), we affirm. We have considered the packaging of the Fusion Power and Fusion Manual cartridges because Edmundson’s complaint “necessarily relies” on that packaging, and the parties do not dispute the authenticity of the reproductions in the record. Marder v. Lopez, 450 F.3d 445, 448 (9th Cir.2006) (citations omitted).

1. Specific, quantifiable “statements of fact” that refer to a product’s absolute characteristics may constitute false…