Thompson

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KRISTYN THOMPSON, Case No. 23-cv-03073-JD

Plaintiff,

ORDER RE DISMISSAL

v.

CHATTEM, INC., Defendant.

12 Plaintiff Kristyn Thompson, a California resident, bought a tube of defendant Chattem Inc.’s “Cortizone-10 Maximum Strength” anti-itch creme as an over-the-counter (OTC) product and without a prescription. Dkt. No. 13 (FAC) ¶ 14. The packaging for the creme stated that it contained 1% hydrocortisone. Id. ¶ 26. Thompson says that she was “misled” and cheated of “the benefit of her bargain” by the “maximum strength” wording because a 3% hydrocortisone creme is available with a prescription. Id. ¶¶ 44, 47. On behalf of herself and putative nationwide and California classes, Thompson alleges multiple claims for consumer fraud under California state law. Chattem asks to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(6) primarily on the ground that a reasonable consumer would understand that “maximum strength” meant the strongest…