Cochoit
Cochoit v. Schiff Nutrition International, Inc.
Opinion
Lead Opinion
Carney, J.
ORDER DENYING DEFENDANT RECKITT BENCKISER LLC’S MOTION TO DISMISS
I. INTRODUCTION
Plaintiff Marilyn Cochoit brings this putative consumer protection class action against Defendants Schiff Nutrition International, Inc., Schiff Nutrition Group, Inc., Ganeden Biotech, Inc., and Reckitt Benck-iser LLC for various causes of action arising out of allegedly false and misleading advertisements about “Digestive Advantage” products. (Dkt. 1 [Complaint, hereinafter “Compl.”] ¶3.) Before the Court is Defendant Reckitt Benckiser’s motion to dismiss the Complaint on the grounds that Plaintiffs claims are barred by the doctrine of res judicata. (Dkt. 12 [Motion, hereinafter “Mot.”].) For the following reasons, the motion is DENIED.
*1121 II. BACKGROUND
Defendants manufacture and market a probiotic daily supplement called “Digestive Advantage.” (Compl. ¶¶3, 7.) These products contain a patented and proprietary “helpful” bacteria called “BC30” (formerly “Ganeden BC30”). (Mot. at 2.) According to the Complaint, Defendants hold Digestive Advantage products out to be “The Probiotic that Survives,” and claim that it has “lOOx Better Survivability vs. Yogurt & leading Probiotics.” (Compl. ¶¶…