Weeks

FACTS AND PROCEEDINGS BELOW

Defendant Interactive Life Forms, LLC (Interactive) operates an online business selling sex toys under the brand name Fleshlight. Plaintiff Brinan Weeks filed a putative class- action suit against Interactive alleging that the company falsely advertised and misrepresented products sold on its website. Weeks alleged that he purchased a device called a Stamina Training Unit (STU) from the fleshlight.com website (the website) on or around September 21, 2021, on the basis of Interactive’s claims that the device would help him “perform better,” “last longer,” and “improve [his] sexual stamina.” Despite his frequent use of the product over several months,

2 Weeks alleged “there was no improvement in [his] sexual performance or stamina.” Weeks asserted causes of action for negligent misrepresentation, violation of the Consumer Legal Remedies Act (Civ. Code, § 1750 et seq.), false advertising, breach of express and implied warranty, and violation of the Unfair Competition Law (Bus. & Prof. Code, § 17200 et seq.) on behalf of himself and similarly situated plaintiffs. Interactive responded by moving to compel arbitration. Interactive alleged that “[e]very page…