Hrapoff
Hrapoff v. Hisamitsu America, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CHERI HRAPOFF, et al., Case No. 21-cv-01943-JST
Plaintiffs,
MOTION TO DISMISS GRANTED IN
v. PART AND DENIED IN PART
HISAMITSU AMERICA, INC., Re: ECF No. 42 Defendant.
12 Before the Court is Defendant Hisamitsu America, Inc.’s (“Hisamitsu”) motion to dismiss. ECF No. 42. The Court will grant the motion in part and deny it in part. I. BACKGROUND Plaintiff Cheri Hrapoff, a citizen of California, Plaintiff Jody Hessel, a citizen of New York, and Plaintiff Laurie Petitti, a citizen of Illinois, on behalf of themselves and all others similarly situated, filed this putative class action against Hisamitsu, a company that markets, distributes, and sells pain relieving products, including Salonpas® Lidocaine Pain Relieving Gel- Patch (“patch”). ECF No. 37 at 1, 5-6. According to the complaint, the patch is advertised by Hisamitsu as “Maximum Strength,” even though it “contains only 4% lidocaine while competing prescription…