Lokey
Lokey v. CVS Pharmacy, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division DANIELLE LOKEY, Case No. 20-cv-04782-LB
Plaintiff, ORDER GRANTING MOTION TO
DISMISS
v. Re: ECF Nos. 10, 26 CVS PHARMACY, INC., Defendant. 16 INTRODUCTION In this putative class action, plaintiff Danielle Lokey challenges defendant CVS Pharmacy’s marketing of its CVS-branded infant pain-and-fever medicine at a higher price than its CVS- branded child pain-and fever medicine, even though the ingredients in the two products are the same.1 The plaintiff claims that this practice violates three California consumer-protection laws: (1) California’s False Advertising Law (“FAL”), Cal. & Prof. Code § 17500; (2) California’s Unfair Competition Law (“UCL”), Cal. Bus. & Prof. Code §§ 17200–08; and (3) California’s Consumer Legal Remedies Act (“CLRA”), Cal. Civ. Code §§ 1750–84.2 CVS moved to dismiss the claims on the grounds that (1) the plaintiff’s claims —…