Patricia A. Murray Dental Corp. v. Dentsply Int'l, Inc.

*261 Plaintiffs brought this action on behalf of California dentists who purchased the Cavitron ultrasonic scaler (Cavitron) for use during oral surgical procedures. Plaintiffs sued defendant Dentsply International, Inc. (Dentsply)-the manufacturer and marketer of the Cavitron-asserting causes of action under the Unfair Competition Law (UCL) ( Bus. & Prof. Code, §§ 17200 et seq. ) and for breach of express warranty. The gist of plaintiffs' claims is that the Directions for Use (Directions) indicate Cavitrons can be used in " '[p]eriodontal debridement for all types of periodontal diseases,' " which by implication includes oral surgery, but in fact they cannot because the device accumulates biofilm 1 in its waterlines and is incapable of delivering sterile water during surgical procedures. This is the second appeal in this case. In the first appeal, we reversed the trial court's denial of class certification and remanded for the limited purpose of deciding whether the named representatives could meet the UCL standing requirements specified in In re Tobacco II Cases (2009) 46 Cal.4th 298 , 93 Cal.Rptr.3d 559 , 207 P.3d 20 ( Tobacco II ), and if not, whether amendment should be…