Miller v. Peter Thomas Roth, LLC

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

KARI MILLER, et al., Plaintiffs, No. C 19-00698 WHA

v.

PETER THOMAS ROTH, LLC, et al., ORDER GRANTING IN PART

AND DENYING IN PART

Defendants.

DEFENDANTS’ MOTIONS FOR

SUMMARY JUDGMENT

15 INTRODUCTION In this false advertising class action about cosmetics, defendants move for summary judgment. Triable issues plague both motions, so, with limited exceptions, they are DENIED. STATEMENT Defendants Peter Thomas Roth, Designs, Global, and Labs LLC (“PTR Labs”) market specialty skincare products. At issue are PTR Labs’ Rose Stem Cell and Water Drench product lines. PTR Labs advertised the Rose Stem Cell line with the buzzwords “bio repair,” “reparative,” “rejuvenates,” and “regenerates” (Dkt. No. 81 at 3–5), and the Water Drench Products as containing hyaluronic acid which attracts and retains one thousand times its weight in water from moisture in the atmosphere (Dkt. No. 85 at 3).…