Mueller

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

Plaintiffs,

ORDER RE SUMMARY JUDGMENT

v. 6 Re: Dkt. No. 195 PURITAN'S PRIDE, INC., et al., Defendants.

This order resolves defendant Puritan’s Pride’s motion for summary judgment on plaintiffs’ remaining claims in this class action. Dkt. No. 195. The salient facts have been discussed in detail in prior orders. See, e.g., Dkt. No. 112 (motion to dismiss); Dkt. No. 178 (motion for partial summary judgment); Dkt. No. 228 (class certification). In relevant summary, Puritan’s Pride markets and sells vitamins and supplements to consumers through catalogs, email, mail and a website. Dkt. No. 226 at 2. Puritan’s Pride sells most of its products under buy-one- get-one (BOGO) promotions, which plaintiffs challenge as deceptive. Id. Plaintiffs alleged that these promotions were misleading because the price of the offered “free” products were built into the price of the purchased non-free product(s). The Court has dismissed…