Bush

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 San Francisco Division 11 ANTHONY BUSH, Case No. 20-cv-03268-LB

12 Plaintiff,

ORDER DENYING MOTIONS TO

13 v. EXCLUDE EXPERT OPINIONS

14 RUST-OLEUM CORPORATION, Re: ECF Nos. 131, 163 15 Defendant. 16 17 INTRODUCTION AND STATEMENT 18 This is a consumer-products mislabeling case. On behalf of a class of California consumers, 19 the plaintiff challenges defendant Rust-Oleum’s labeling of its “Krud Kutter” cleaning products as 20 “non-toxic” and “Earth friendly,” contending that the products in fact can cause harm to humans, 21 animals, and the environment, in violation of California consumer-protection laws. The parties 22 moved to exclude each other’s survey experts.1 The court denies the motions. 23 The operative complaint has five claims: (1) unlawful, unfair, and fraudulent business 24 practices under the Unfair Competition Law (UCL), Cal. Bus. & Prof. Code §§ 17200–08; (2) 25 deceptive advertising…