Angela Ebner v. Fresh, Inc.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ANGELA EBNER, No. 13-56644 Plaintiff-Appellant, DC No. v. 8:13 cv-00477 JVS

FRESH, INC., a Delaware Corporation, ORDER AND Defendant-Appellee. AMENDED

OPINION

Appeal from the United States District Court for the Central District of California James V. Selna, District Judge, Presiding

Argued and Submitted January 11, 2016 Pasadena, California

Filed March 17, 2016 Amended September 27, 2016

Before: Jerome Farris, A. Wallace Tashima, and Jay S. Bybee, Circuit Judges.

Order; Opinion by Judge Tashima EBNER V. FRESH, INC.

SUMMARY*

California Law

The panel denied a petition for panel rehearing, denied on behalf of the court a petition for rehearing en banc, withdrew the opinion filed on March 17, 2016, and filed an amended opinion affirming the district court’s Fed. R. Civ. P. 12(b)(6) dismissal of a plaintiff’s putative consumer class action alleging that cosmetics and skin care products manufacturer Fresh, Inc., deceived consumers about the quantity of lip balm in its Sugar Lip Treatment product line.

The…