Torres

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ROMULO TORRES, et al., Case No. 23-cv-01460-VC

Plaintiffs,

ORDER DENYING 7-ELEVEN’S

v. MOTION TO DISMISS

BOTANIC TONICS, LLC, et al., Re: Dkt. No. 31 Defendants.

This is a case about a drink called Feel Free, which allegedly contains large amounts of a dangerous, addictive ingredient called kratom. The plaintiffs have sued the drink’s manufacturer, along with two retailers who sold Feel Free to them. One of the retailers is 7-Eleven, whose stores sold the drink to plaintiff Romulo Torres. Although the other defendants have filed answers to the complaint, 7-Eleven has filed a motion to dismiss the claim brought by Torres. Torres brings his claim under the “unfair practices” prong of California’s Unfair Competition Law. He asserts that 7-Eleven controlled decisions about which products could be sold in its stores and knew full well that Feel Free was dangerous and addictive. Torres contends that 7-Eleven’s decision to allow this product to be sold in its stores, at least without disclosing to customers how harmful it could be, constitutes an unfair business practice within the…