Cimoli

I. BACKGROUND

1 Alacer manufactures and sells the dietary supplement gummies at the heart of this suit. See 2 First Amended Complaint (“FAC”), ECF No. 45 ¶ 19. Alacer is a California corporation with its 3 principal place of business in Pennsylvania. See FAC, ECF No. 45 ¶ 18. Cimoli is a California 4 resident who purchased a bottle of Alacer’s Emergen-C Immune Support 750 mg Vitamin C 5 Gummy Orange, Tangerine, and Raspberry Product on or around June 2020 from a Target store in 6 San Jose, California. See id. ¶ 16. 7 Cimoli’s claims stem from the fact that in purchasing the Product, he saw and relied on 8 representations on the front label indicating that it contains “750 mg Vitamin C” and “45 Gummies.” 9 See id.; see also id. ¶¶ 20–39. Based on these representations, Cimoli believed the bottle of 10 Gummies he purchased contained 45 Gummies that each contained 750 mg of Vitamin C, when in 11 fact three Gummies were required to obtain the 750 mg of Vitamin C indicated on the front label. 12 See id. ¶ 16; see also id. ¶¶ 20–39. Plaintiff alleges he was misled by the label. See id. ¶ 16. Plaintiff 13 sues on the basis of alleged misrepresentations on the labels of…