Murphy v. Olly Public Benefit Corporation

I. BACKGROUND2

20 A. The Parties 21 Olly, a Delaware corporation, sells melatonin supplements nationwide at retailers 22 like Walmart, Whole Foods, and Target. SAC (dkt. 27) ¶¶ 3, 12. Murphy lives in 23 California, and purchased an Olly melatonin product in California. Id. ¶ 8. Lesh lives in 24 California, and purchased an Olly melatonin product in California. Id. ¶ 9. Jiang lives in

26 1 This is one of several melatonin suits brought by this law firm. Lopez v. Zarbee’s, Inc., C22-4465, is also before the Court. This order, although based only on the facts of this case, borrows from the Court’s order in Lopez. New York, and purchased an Olly melatonin product in New York. Id. ¶ 10. B. FDA Regulations for Dietary Supplements Melatonin is a neurohormone that regulates sleep. Id. ¶ 1. Millions of consumers take over-the-counter melatonin supplements to help them sleep. Id. Federal law imposes a comprehensive regulatory scheme for dietary supplements, including melatonin supplements. See generally FDCA, 21 U.S.C. § 301 et seq.; 21 C.F.R. Part 100 et seq. Under applicable FDA regulations, melatonin qualifies as an…