Mueller

Mueller v. Puritan's Pride, Inc.

Good Law
United States District Court, Northern District of CaliforniaNovember 23, 20213:16-cv-06717California5,832 words

Opinion

Trial Court Opinion

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

Plaintiffs,

ORDER RE CLASS CERTIFICATION

v. AND DAUBERT MOTION

PURITAN'S PRIDE, INC., et al., Re: Dkt. No. 186, 196 Defendants.

12 This order resolves plaintiffs’ renewed motion to certify a class of California consumers who bought vitamins and supplements from defendant Puritan’s Pride under a “buy-one-get-one- free” (BOGO) sales offer. Dkt. No. 218. In plaintiffs’ view, the offers were deceptive in that they promised a discount on regular prices that was illusory. Plaintiffs revised their original certification request to account for the Court’s conclusions on summary judgment about restitution and statutory damages. See Dkt. No. 178 (summary judgment order); Dkt. No. 185 (update order). The Court previously dismissed claims alleged under the New York General Business Law. Dkt. No. 112. The claims for certification are under the California Unfair Competition Law (UCL) and…

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