Patrick Warnshuis v. Amazon.Com, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 5 PATRICK WARNSHUIS, CASE NO. 1:19-CV-1454 AWI BAM
Plaintiff
ORDER ON DEFENDANT’S MOTION
v. TO DISMISS AND PLAINTIFF’S
MOTION TO AMEND
BAUSCH HEALTH U.S., LLC f/k/a Valeant Pharmaceuticals North America, LLC, et al., (Doc. No. 39)
Defendants
12 13 This is a products liability case that stems from the ingestion of an allegedly tainted nasal spray, “Ocean Saline Nasal Spray,” by Plaintiff Patrick Warnshuis (“Warnshuis”). The operative complaint is the Third Amended Complaint (“TAC”), which was filed after the Court granted in part a Rule 12(b)(6) motion. Currently before the Court is Defendant Bausch Health U.S., LLC’s (“Bausch”) Rule 12(b)(6) motion to dismiss. For the reasons that follow, Bausch’s motion will be granted in part and denied in part. 20 BACKGROUND From the Complaint, in April 2018, Warnshuis bought Ocean Saline Nasal Spray through Defendants Amazon.com, LLC and Amazon.com,…