Lokey
Lokey v. CVS Pharmacy, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division DANIELLE LOKEY, individually and on behalf Case No. 20-cv-04782-LB of a class of similarly situated individuals, ORDER DISMISSING FIRST Plaintiff, AMENDED COMPLAINT 13 v. Re: ECF No. 42
CVS PHARMACY, INC.,
15 Defendant. 16 INTRODUCTION In this putative class action, the plaintiff challenges CVS Pharmacy’s marketing of its CVS- branded pain-and-fever medicine for infants (called Infants’ acetaminophen) at a higher price than its CVS-branded pain-and fever medicine for children (called Children’s acetaminophen), even though the ingredients in the two products are the same. She 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…