Montera

I. Introduction

17 Plaintiff Mary Beth Montera brought this lawsuit on behalf of New York consumers who 18 had purchased Joint Juice, a beverage containing glucosamine and chondroitin that is sold by 19 Defendant Premier Nutrition Corporation (“Premier Nutrition”). The case proceeded to trial, 20 where upon the jury found Defendant liable for violations of New York General Business Law 21 (“GBL”) sections 349 and 350. Following the close of Plaintiff’s case, Defendant moved for 22 judgment as a matter of law, which the Court took under submission pending the jury’s verdict. 23 After the close of all evidence, the jury determined that Plaintiff and the Class suffered actual 24 damages in the amount of $1,488,078.49, representing full refunds of the money they paid for 25 Joint Juice. Plaintiff now brings a motion for entry of judgment, asking the Court to impose 26 statutory damages in the amount of $50 per unit sold for violations of GBL § 349 and $500 per 27 unit sold for violations of GBL § 350, as well as prejudgment interest. Premier Nutrition argues that if statutory damages are available, the Court should only award statutory damages in the amount of $50 per person.…