Perez

Perez v. Bath & Body Works, LLC

Good Law
United States District Court, Northern District of CaliforniaMay 15, 20235:21-cv-05606California4,247 words

Opinion

Trial Court Opinion

I. BACKGROUND

1 As alleged in the Second Amended Complaint, Defendants market products including skin 2 creams, lotions, scrubs, shampoos, conditioners, scents, and body wash to consumers who visit 3 BBW’s stores or website. ECF No. 95 (“SAC”) ¶ 38. Among those products is a line called 4 “WATER” / “HYDRATING”, which includes several products that use hyaluronic acid: 5 • BBW Hyaluronic Acid Hydrating Body Cream (in varying scents); 6 • BBW Hyaluronic Acid Hydrating Hand Cream (in varying scents); 7 • BBW Hyaluronic Acid Hydrating Body Wash; 8 • BBW Hyaluronic Acid Hydrating Body Gel Lotion; and 9 • BBW Hyaluronic Acid Mineral Body Polish (in varying scents). 10 Id. ¶ 41 (the “Products”). 11 Perez alleges that BBW makes false claims on the Products “to trick consumers into 12 believing that the [Products] contain unique moisturizing properties.” SAC ¶ 52. Perez provides 13 the example of the Hyaluronic Acid Hydrating Body Cream. Id. ¶¶ 53–55. The back of the tube 14 of that product allegedly contains the following representation: “attracts and retains up to 1,000x 15 its weight in water to make skin look smoother and more supple” (“1,000x claim”). Id. ¶ 54. 16 Perez…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.