Smith v. GlaxoSmithKline Consumer Healthcare Holdings (US) LLC

Good Law
United States District Court, Northern District of CaliforniaNovember 3, 20234:21-cv-09390California2,747 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TAWNEYA HOUSER, Case No. 21-cv-09390-JST

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

GLAXOSMITHKLINE CONSUMER Re: ECF No.

HEALTHCARE HOLDINGS (US) LLC,

11 Defendant.

12 Before the Court is Defendant GlaxoSmithKline Consumer Healthcare Holdings (US) LLC’s (“GSK”) motion to dismiss. ECF No. 58. The Court will grant the motion. I. BACKGROUND The factual and procedural background to this case is set forth in greater detail in this prior order granting GSK’s motion to dismiss. See ECF No. 53. In short, Plaintiff Tawneya Houser alleges that GSK’s advertisements for Abreva, an over-the-counter medication that treats the herpes simplex virus, are intentionally misleading. ECF No. 57 ¶ 1. Specifically, Houser alleges that GSK’s representation that Abreva “can get rid of [a] cold sore in 2½ days,” id. ¶ 24 (internal quotation marks omitted), led reasonable consumers to “mistakenly believe believe that Abreva …

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