Krause-Pettai

Krause-Pettai v. Unilever United States, Inc.

Good Law
United States District Court, Southern District of CaliforniaSeptember 30, 20233:20-cv-01672California5,929 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Nicole KRAUSE-PETTAI, et al., Case No.: 20-cv-1672-AGS-BLM individually and on behalf of ORDER GRANTING DEFENDANT’S all others similarly situated,

MOTIONS FOR SUMMARY

Plaintiffs,

JUDGMENT (ECF 70) AND TO

v. EXCLUDE EXPERT TESTIMONY (ECF 71 & 72), AND DENYING UNILEVER UNITED STATES, INC.,

PLAINTIFF’S CLASS-

et al., CERTIFICATION MOTION (ECF 57) Defendants.

This case is about useless empty space, known as “nonfunctional slack fill,” inside underarm-deodorant sticks. Defendant argues, among other defenses, that federal law preempts slack-fill suits regarding drugs and cosmetics, a matter of first impression in this Circuit. BACKGROUND In this putative class action, four plaintiffs claim they were duped into buying defendant Unilever’s deodorant and antiperspirant. They say the oversized containers create the illusion of holding more than…

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