Sandra Seegert v. Rexall Sundown, Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 1 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

SANDRA SEEGERT, individually and on No. 20-55486 behalf of all others similarly situated, D.C. No. Plaintiff-Appellant, 3:17-cv-01243-BEN-JLB

v.

MEMORANDUM*

REXALL SUNDOWN, INC.,

Defendant-Appellee.

Appeal from the United States District Court for the Southern District of California Roger T. Benitez, District Judge, Presiding

Argued and Submitted September 3, 2021 Pasadena, California

Before: BENNETT and R. NELSON, Circuit Judges, and EZRA,** District Judge.

Sandra Seegert appeals the district court’s order granting summary judgment

for Rexall Sundown, Inc. (“Rexall”). We have jurisdiction under 28 U.S.C. § 1291,

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable David A. Ezra, United States District Judge for the District of Hawaii, sitting by designation. and we affirm in part, reverse in part, and remand.1

Seegert purchased Osteo Bi-Flex Triple Strength (“Osteo…