Vess

Plaintiff-Appellant Todd D. Vess brought this diversity class action claiming that three defendants acted illegally to increase sales of the prescription drug Ritalin, in violation of the California Consumers Legal Remedies Act (“CLRA”), Cal. Civ.Code § 1750 et seq., and California’s unfair business practice laws, Cal. Bus. & Prof.Code §§ 17200, 17500. The district court dismissed Vess’s complaint as to all three defendants for failure to plead fraud with particularity as required by Federal Rule of Civil Procedure 9(b); dismissed the complaint as to two of the defendants for failure to state a claim under Rule 12(b)(6); granted all three defendants’ motion to strike under California’s anti-Strategic Lawsuits Against Public Participation (“anti-SLAPP”) statute, Cal. Civ. Pro.Code § 425.16; and granted attorneys’ fees to all three defendants pursuant to the anti-SLAPP statute.

For the reasons that follow, we affirm in part, reverse in part, and remand for further proceedings.

I. Background

Ritalin, a Schedule II controlled substance, is commonly prescribed for Attention Deficit Disorder/Attention Deficit Hyperactivity Disorder (“ADD/ADHD”). Vess alleges that he “was…