Brinkerhoff
Brinkerhoff v. L'Oreal USA, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 11 KRISTEN BRINKERHOFF, On Case No.: 3:18-cv-2034-BTM-WVG Behalf of Herself and All Others 13 Similarly Situated, ORDER GRANTING IN PART, DENYING IN PART Plaintiff, DEFENDANT’S MOTION TO
DISMISS AND STAYING ACTION
v. PENDING ADMINISTRATIVE L’ORÉAL USA, INC., ACTION
Defendant. [ECF No. 10] 19 Defendant L'Oréal USA, Inc. manufactures, markets, distributes, and sells 20 various skin care products, including CeraVe Eye Repair Cream (the "Cream"). 21 (ECF No. 7, ¶ 1.) The Cream’s packaging prominently displays various 22 representations regarding the Cream, including that it "help[s] repair and restore 23 the . . . skin barrier around [users'] eyes" (hereinafter, the “Repair 24 Representations”). (Id. ¶¶ 2, 12 & Ex. A.) In Fall 2017, Plaintiff Kristen Brinkerhoff 25 purchased the Cream from an independent retailer for approximately fifteen 26 dollars. (Id. ¶ 10.) …