Mueller

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

Plaintiffs,

ORDER RE PARTIAL SUMMARY

v. JUDGMENT

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

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