Hamzeh v. Pharmavite LLC

CourtDistrict Court, N.D. California
DecidedFebruary 26, 2025
Docket4:24-cv-00472
StatusUnknown

This text of Hamzeh v. Pharmavite LLC (Hamzeh v. Pharmavite LLC) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hamzeh v. Pharmavite LLC, (N.D. Cal. 2025).

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 GUITY HAMZEH, Case No. 24-cv-00472-HSG

8 Plaintiff, ORDER DENYING DEFENDANTS’ MOTION TO DISMISS AND STRIKE 9 v. PLAINTIFF’S COMPLAINT

10 PHARMAVITE LLC, et al., Re: Dkt. No. 46 11 Defendants.

12 13 Pending before the Court is Defendants Pharmavite LLC and Nature Made Nutritional 14 Products’ (collectively, “Pharmavite”) motion to dismiss and strike Plaintiff Guity Hamzeh’s 15 amended complaint, Dkt. No. 42 (“Compl.”). The Court finds this matter appropriate for 16 disposition without oral argument and deems the matter submitted. See Civil L.R. 7-1(b). For the 17 reasons discussed below, the Court denies the motion. 18 I. BACKGROUND 19 On April 29, 2024, Plaintiff filed the operative amended class action complaint. Plaintiff 20 alleges that Pharmavite misled consumers by deceptively labeling several Nature Made fish oil 21 capsule products with the phrase “[h]elps support a healthy heart.” Compl. at 3. Plaintiff alleges 22 that consumers purchased these capsules because they believed in the capsules’ heart health 23 benefits. But according to Plaintiff, “[o]verwhelming evidence demonstrates that fish oil capsules 24 do not promote a healthy heart,” making the capsules’ labeling “false and misleading” to 25 reasonable consumers. Id. at 3, 8. 26 Plaintiff seeks certification of a nationwide class comprised of “all persons who, within the 27 applicable statute of limitations period, purchased one or more Nature Made Fish Oil Capsules,” 1 as well as two subclasses made up of consumers from various states.1 Compl. at 11. Based on 2 Pharmavite’s allegedly deceptive labeling, Plaintiff brings one cause of action on behalf of herself 3 and the Consumer Protection Subclass, alleging that Pharmavite’s practices violate consumer 4 protection statues in California, Connecticut, Illinois, Maryland, Missouri, and New York. Id. at 5 12. Plaintiff brings four causes of action on behalf of herself and the California Subclass for 6 alleged violations of (1) California’s False Advertising Law (“FAL”), Cal. Bus & Prof. Code § 7 17500, (2) California’s Consumer Legal Remedies Act (“CLRA”), Cal. Civ. Code § 1750, and (3) 8 California’s Unfair Competition Law (“UCL”), Cal. Bus & Prof. Code § 17200, in addition to a 9 common law claim for intentional misrepresentation. Plaintiff also brings three common law 10 claims on behalf of herself and the nationwide class for breach of express warranty, quasi-contract, 11 and negligent misrepresentation. 12 Pharmavite moves to dismiss Plaintiff’s complaint under Federal Rules of Civil Procedure 13 12(b)(1) and 12(b)(6). See Dkt. No. 46 (“Mot.”). Pharmavite also seeks an order under Federal 14 Rule of Civil Procedure 12(f) striking portions of Plaintiff’s complaint. The motion is now fully 15 briefed. See Dkt. Nos. 50 (“Opp.”), 51 (“Reply”). 16 II. LEGAL STANDARD 17 A. Rule 12(b)(1) 18 Federal Rule of Civil Procedure Rule 12(b)(1) allows a party to move to dismiss for lack of 19 subject matter jurisdiction. See Fed. R. Civ. P. 12(b)(1). The issue of Article III standing is 20 jurisdictional and is therefore “properly raised in a motion to dismiss under Federal Rule of Civil 21 Procedure 12(b)(1).” White v. Lee, 227 F.3d 1214, 1242 (9th Cir. 2000). To meet her burden of 22 establishing standing, a plaintiff must show that she has “(1) suffered an injury in fact, (2) that is 23 fairly traceable to the challenged conduct of the defendant, and (3) that is likely to be redressed by 24

25 1 Plaintiff seeks to certify a “Consumer Protection Subclass” comprised of “all persons who, while in the states of California, Connecticut, Illinois, Maryland, Missouri or New York, and within the 26 applicable statute of limitations period, purchased one or more Nature Made Fish Oil Capsules.” Plaintiff also seeks to certify a “California Subclass,” defined as “all persons who, while in the 27 state of California and within the applicable statute of limitations period, purchased one or more 1 a favorable judicial decision.” Spokeo, Inc. v. Robins, 578 U.S. 330, 338 (2016), as revised (May 2 24, 2016). And where a plaintiff seeks injunctive relief, she must also demonstrate a “real and 3 immediate threat of repeated injury.” Chapman v. Pier 1 Imports (U.S.) Inc., 631 F.3d 939, 946 4 (9th Cir. 2011) (citation and quotations omitted). If a plaintiff fails to establish standing or any 5 other aspect of subject matter jurisdiction, “the court, on having the defect called to its attention or 6 on discovering the same, must dismiss the case, unless the defect be corrected by amendment.” 7 Tosco Corp. v. Communities for a Better Env’t, 236 F.3d 495, 499 (9th Cir. 2001) (citation and 8 quotations omitted), abrogated on other grounds by Hertz Corp. v. Friend, 559 U.S. 77, 130 9 (2010). 10 B. Rule 12(b)(6) 11 Federal Rule of Civil Procedure 8(a) requires that a complaint contain “a short and plain 12 statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). A 13 defendant may move to dismiss a complaint for failing to state a claim upon which relief can be 14 granted under Rule 12(b)(6). “Dismissal under Rule 12(b)(6) is appropriate only where the 15 complaint lacks a cognizable legal theory or sufficient facts to support a cognizable legal theory.” 16 Mendiondo v. Centinela Hosp. Med. Ctr., 521 F.3d 1097, 1104 (9th Cir. 2008). To survive a Rule 17 12(b)(6) motion, a plaintiff need only plead “enough facts to state a claim to relief that is plausible 18 on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). A claim is facially plausible 19 when a plaintiff pleads “factual content that allows the court to draw the reasonable inference that 20 the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). 21 In reviewing the plausibility of a complaint, courts “accept factual allegations in the complaint as 22 true and construe the pleadings in the light most favorable to the nonmoving party.” Manzarek v. 23 St. Paul Fire & Marine Ins. Co., 519 F.3d 1025, 1031 (9th Cir. 2008). Nevertheless, courts do not 24 “accept as true allegations that are merely conclusory, unwarranted deductions of fact, or 25 unreasonable inferences.” In re Gilead Scis. Secs. Litig., 536 F.3d 1049, 1055 (9th Cir. 2008) 26 (internal citation and quotations omitted). When fraud is an essential element of a claim, Rule 27 9(b) imposes a heightened pleading standard. See Fed. R. Civ. P.

Related

Hertz Corp. v. Friend
559 U.S. 77 (Supreme Court, 2010)
Fogerty v. Fantasy, Inc.
510 U.S. 517 (Supreme Court, 1994)
Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)
Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
Chapman v. Pier 1 Imports (U.S.) Inc.
631 F.3d 939 (Ninth Circuit, 2011)
Fantasy, Inc. v. Fogerty
984 F.2d 1524 (Ninth Circuit, 1993)
Tabb Lakes, Ltd. v. United States
10 F.3d 796 (Federal Circuit, 1993)
White v. Lee
227 F.3d 1214 (Ninth Circuit, 2000)
Vess v. Ciba-Geigy Corp. USA
317 F.3d 1097 (Ninth Circuit, 2003)
Robert Perez v. Nidek Co., Ltd.
711 F.3d 1109 (Ninth Circuit, 2013)
Manzarek v. St. Paul Fire & Marine Insurance
519 F.3d 1025 (Ninth Circuit, 2008)
Mendiondo v. Centinela Hospital Medical Center
521 F.3d 1097 (Ninth Circuit, 2008)
In Re Gilead Sciences Securities Litigation
536 F.3d 1049 (Ninth Circuit, 2008)
Spokeo, Inc. v. Robins
578 U.S. 330 (Supreme Court, 2016)
Brougher v. Board of Public Works
290 P. 140 (California Court of Appeal, 1930)
PREP Tours Inc. v. American Youth Soccer Org.
913 F.3d 11 (First Circuit, 2019)
Paul Dachauer v. Nbty, Inc.
913 F.3d 844 (Ninth Circuit, 2019)
Todd Greenberg v. Target Corporation
985 F.3d 650 (Ninth Circuit, 2021)

Cite This Page — Counsel Stack

Bluebook (online)
Hamzeh v. Pharmavite LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamzeh-v-pharmavite-llc-cand-2025.