Mueller

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DARCEY L. SHARPE, et al., Case No. 3:16-cv-06717-JD

8 Plaintiffs,

ORDER RE PARTIAL SUMMARY

9 v. JUDGMENT

10 PURITAN'S PRIDE, INC., et al., Re: Dkt. No. 136 Defendants. 11

12 13 This putative consumer class action challenges defendant Puritan’s Pride’s use of “buy 14 one/get one free” (“BOGO”) promotionals to sell vitamins and health supplements. The discounts 15 were presented as available for a limited time only, but plaintiffs allege that the pricing was 16 permanent and that “there has been no reasonably substantial period of time” when Puritan’s Pride 17 sold products at anything other than purportedly exceptional prices. Dkt. No. 88 ¶ 4. Plaintiffs 18 allege that they bought defendants’ products in reliance on the BOGO promotionals. Id. ¶ 16. 19 The operative first amended consolidated complaint (“FACC”) states claims for deceptive 20 marketing practices under the California Unfair Competition Law (“UCL”), False Advertising 21 Law (“FAL”), and Consumers Legal…