Mier

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUL 10 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOSEPH MIER, individually and on behalf No. 24-482 of all others similarly situated, D.C. No. 8:20-cv-01979-DOC-ADS Plaintiff - Appellant,

and MEMORANDUM*

SHEQUANA TRUESDALE,

Plaintiff,

v.

CVS PHARMACY, INC., a Rhode Island corporation,

Defendant - Appellee,

VI-JON, LLC, a Missouri corporation,

Intervenor-Defendant - Appellee.

Appeal from the United States District Court for the Central District of California David O. Carter, District Judge, Presiding

Argued and Submitted May 13, 2025 Pasadena, California

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Before: R. NELSON, LEE, and SUNG, Circuit Judges.

Plaintiff-Appellant Joseph Mier bought bottles of CVS Pharmacy hand

sanitizer on multiple occasions. The front label claims that the hand sanitizer “kills

99.99 % of Germs*[.]” The back label qualifies that claim, stating: “*Effective…