SEASTROM

SEASTROM v. Neways, Inc.

Good Law
149 Cal. App. 4th 1496·2007 Cal. App. LEXIS 631·2007 Daily Journal DAR 5543·57 Cal. Rptr. 3d 903·2007 Cal. Daily Op. Serv. 4417
Court of Appeal of CaliforniaApril 23, 2007No.D048181California2,865 words

Opinion

Opinion

McCONNELL, J.

In this action for violation of California’s unfair competition law (Bus. & Prof. Code, § 17200 et seq.) and related counts, plaintiffs Craig Seastrom and Gary Hutcheson appeal an order denying their motion to certify a class consisting of all persons who purchased a version of the product BioGevity that contained human growth hormone (HGH), which defendants illegálly sold without a prescription. Seastrom and Hutcheson challenge the trial court’s findings that since they were distributors of BioGevity and profited from the sale of the product, their claims are not typical of those of other class members and they would not adequately represent the class. We find no abuse of discretion and affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND

Between approximately March 1999 and April 2000, defendant Neways, Inc., manufactured and distributed an oral spray called BioGevity, which contained HGH, known as somatropin or somatotropin. Neways promoted BioGevity as an anti-aging dietary supplement. HGH cannot legally be sold without a prescription, and Neways did not require prescriptions.

In a pyramid sales scheme, Neways contracted with independent distributors to distribute…

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