Sidhu
Sidhu v. Bayer Healthcare Pharmaceuticals Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 PRIYA SIDHU, individually and on behalf Case No. 22-cv-01603-BLF of all others similarly situated, 8 Plaintiff, ORDER GRANTING IN PART AND DENYING IN PART MOTION TO v. DISMISS FIRST AMENDED CLASS ACTION COMPLAINT
BAYER HEALTHCARE
PHARMACEUTICALS INC., Re: ECF No. 45 Defendant.
13 Presently before the Court is Defendant Bayer Healthcare Pharmaceuticals, Inc.’s 14 (“Defendant”) Motion to Dismiss (“Motion”) Plaintiff Priya Sidhu’s (“Plaintiff”) First Amended 15 Class Action Complaint (“FAC”). See Mot., ECF No. 45. Plaintiff’s FAC alleges that Defendant 16 markets and sells an intrauterine device (“IUD”), branded as Mirena (“Mirena IUD”), as suitable 17 for birth control, but that Mirena in fact is not suitable for use as birth control because it increases 18 the risk of breast cancer in users by approximately 20 to 30%. See FAC ¶ 1, ECF No. 44. 19 Plaintiff brings this lawsuit as a putative class action on behalf of both a…