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`BURSOR & FISHER, P.A.
`L. Timothy Fisher (State Bar No. 191626)
`Sean L. Litteral (State Bar No. 331985)
`Elvia M. Lopez (State Bar No. 331986)
`1990 North California Blvd., Suite 940
`Walnut Creek, CA 94596
`Telephone: (925) 300-4455
`Facsimile: (925) 407-2700
`E-mail: ltfisher@bursor.com
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` slitteral@bursor.com
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` elopez@bursor.com
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`Attorneys for Plaintiff
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`JENILE THAMES, individually and on behalf of
`all others similarly situated,
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` Plaintiff,
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`v.
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`MARS INC.,
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`Case No.
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`CLASS ACTION COMPLAINT
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`JURY TRIAL DEMANDED
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` Defendant.
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`Case 4:22-cv-04145-LB Document 1 Filed 07/14/22 Page 2 of 25
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`Plaintiff Jenile Thames (“Plaintiff”) brings this action on behalf of himself, and all others
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`similarly situated against Mars, Inc. (“Defendant”). Plaintiff makes the following allegations
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`pursuant to the investigation of his counsel and based upon information and belief, except as to the
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`allegations specifically pertaining to himself, which are based on personal knowledge.
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`NATURE OF THE ACTION
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`1.
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`Plaintiff brings this Class action lawsuit on behalf of himself and similarly situated
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`consumers (“Class Members”) who purchased for personal, family, or household consumption,
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`Defendant’s candies sold under the brand name “Skittles” (the “Products”),1 which are unfit for
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`human consumption because they contain titanium dioxide (“TiO2”), a known toxin. Defendant has
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`long known of the health problems posed by TiO2. In fact, in February 2016, Defendant publicly
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`committed to phasing out TiO2. But Defendant has flouted its own promise to consumers. More
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`than six years later, Defendant continues to sell the Products with TiO2, unbeknownst to reasonable
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`consumers who purchase the Products.
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`2.
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`Interestingly, in its February 2016 press release, Defendant blew smoke, suggesting
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`that its planned phase out of TiO2 was called for simply because “consumers today are calling on
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`food manufacturers to use more natural ingredients in their products.” Incredibly, Defendant even
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`claimed that “[a]rtificial colors pose no known risks to human health or safety.” In doing so,
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`Defendant concealed from consumers material information it knew. Namely, that numerous of its
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`competitors and other food manufacturers had long removed the toxin from their product lines
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`because of scientific research showing that the toxin is unsafe for consumption.
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`3.
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`Several nations have banned the harmful toxin. For example, in 2019, the toxin was
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`banned in France, where Defendant maintains offices and announced that it could and would comply
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`with France’s law.
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`4.
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`In May 2021, the European Food Safety Authority (“EFSA”) released its report on
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`the health concerns associated with TiO2, determining that TiO2 could not be considered safe for
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`consumption. Professor Maged Younes, Chair of EFSA’s expert Panel on Food Additives and
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`1 This includes Skittles Original, Skittles Wild Berry, Sour Skittles, Tropical Skittles, and
`Smoothies Skittles, among others.
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`Case 4:22-cv-04145-LB Document 1 Filed 07/14/22 Page 3 of 25
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`Flavourings (“FAF”) underscored these findings, stating that: “Taking into account all available
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`scientific studies and data, the Panel concluded that titanium dioxide can no longer be considered
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`safe as a food additive. A critical element in reaching this conclusion is that we could not exclude
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`genotoxicity concerns after consumption of titanium dioxide particles.”2
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`5.
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`Building on EFSA’s research, the European Commission (“EC”) announced that it
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`too would adopt a ban on the use of TiO2 as a food additive. Under that plan, the ban would apply
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`following a six-month transition period, and beginning summer 2022, the additive should no longer
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`be added to food products. That plan was adopted unanimously by Member States.
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`6.
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`Defendant—with offices in Netherland, Denmark, Ireland, Italy, Portugal, Germany,
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`Norway, Czech Republic, Romania, Belgium Switzerland, Austria, Slovakia, Hungary, France,
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`Greece, and Spain3—and with sales in each of those Member States was reminded of the scientific
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`findings concerning TiO2 and was required to comply with the EC’s ban.
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`7.
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`Nonetheless, in the United States, Defendant maintains sales with TiO2 as an additive,
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`failing to inform consumers of the implications of consuming the toxin. Instead, Defendant relies
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`on the ingredient list which is provided in miniscule print on the back of the Products, the reading of
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`which is made even more challenging by the lack of contrast in color between the font and packaging,
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`as set out below in a manner in which consumers would normally view the product in the store.
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`2 EFSA, “Titanium dioxide: E171 no longer considered safe when used as a food additive,” (May
`6, 2021), https://www.efsa.europa.eu/en/news/titanium-dioxide-e171-no-longer-considered-safe-
`when-used-food-additive.
`3 MARS, “Our Locations,” https://cze.mars.com/en/locations?language_content_entity=en.
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`Case 4:22-cv-04145-LB Document 1 Filed 07/14/22 Page 4 of 25
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`8.
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`Consequently, consumers who purchase Defendant’s Products are at heightened risk
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`of a host of health effects for which they were unaware stemming from genotoxicity—the ability of
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`a chemical substance to change DNA.
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`9.
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`Based on Defendant’s omissions, a reasonable consumer would expect that the
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`Product can be safely purchased and consumed as marketed and sold. However, the Products are not
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`safe and pose a significant health risk to unsuspecting consumers. Yet, neither before nor at the time
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`of purchase does Defendant notify consumers like Plaintiff that the Products are unsafe to consumers,
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`contain heightened levels of titanium dioxide, and should otherwise be approached with caution.
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`10.
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`Accordingly, Plaintiff brings his claims against Defendant individually and on behalf
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`of a class of all others similarly situated for (1) violation of California’s Unfair Competition Law,
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`Cal. Bus. & Prof. Code § 17200, et seq.; (2) violation of the Consumers Legal Remedies Act, Cal.
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`Civ. Code § 1750, et seq.; (3) breach of the Implied Warranty under Song-Beverly Consumer
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`Warranty Act, Cal. Civ. Code § 1792, et seq.; and California Commercial Code § 2314; (4) violation
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`of California’s False Advertising Law, Cal. Bus. & Prof. Code § 17200, et seq.; (5) Fraud; (6)
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`Fraudulent Inducement; (7) Fraudulent Omission or Concealment; and (8) Quasi-Contract / Unjust
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`Enrichment.
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`PARTIES
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`11.
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`Plaintiff Jenile Thames is a natural person and citizen of California who resides in
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`San Leandro, California. In or around April 11, 2022, Mr. Thames purchased Original Skittles from
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`a brick-and-mortar QuikStop in San Leandro, California. Prior to his purchase, Mr. Thames
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`reviewed the labeling, packaging, and marketing materials of the products and saw the false and
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`misleading claims that, among other things, the Products are safe for human consumption. Mr.
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`Thames understood these claims to be representations and warranties by Mars, Inc., that the Products
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`are free from all traces of harmful ingredients. Mr. Thames reasonably relied on these
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`representations and warranties in deciding to purchase the Products, and these representations were
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`part of the basis of the bargain in that he would not have purchased the Products or would not have
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`purchased them on the same terms, if the true facts about its contents had been known. As a direct
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`Case 4:22-cv-04145-LB Document 1 Filed 07/14/22 Page 5 of 25
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`result of Mars Inc.’s material misrepresentations and omissions, Mr. Thames suffered, and continues
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`to suffer, economic injuries.
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`12. Mr. Thames remains interested in purchasing candies from Defendant that are safe
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`for consumption. However, Plaintiff is unable to determine if the Products are actually safe for
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`consumption. Plaintiff understands that the composition of the Products may change over time. But
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`as long as Defendant may market the Products as safe for consumption when the Products are not
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`safe consumption, then when presented with false or misleading information when shopping, he will
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`be unable to make informed decisions about whether to purchase Defendant’s Products and will be
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`unable to evaluate the different prices between Defendant’s Products and competitor’s Products.
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`Plaintiff is further likely to be repeatedly misled by Defendant’s conduct, unless and until Defendant
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`is compelled to ensure that Products marketed and labeled as safe for consumption, are, in fact, safe
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`for consumption.
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`13.
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`Defendant Mars Inc. is a foreign corporation with its domestic headquarters located
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`at 9885 Elm Street, McLean, Virginia 22101. Relevant to Plaintiff’s claim herein, Mars is a leading
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`manufacturer, packager, and distributor of, among other products, candy, and confectionery. Mars
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`Inc. has done business throughout California and the United States at all times during the Class
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`Period. At all relevant times, Mars Inc., has advertised, marketed, manufactured, distributed, and/or
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`sold candy and confectionery, including the Products at issue, to consumers in and throughout
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`California and the United States. At all relevant times, Mars Inc., formulated, directed, controlled,
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`had the authority to control, and/or participated in the acts and practices set fourth in this Complaint.
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`14.
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`Plaintiffs reserve the right to amend this Complaint and add different products and
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`additional defendants, including without limitation and officer, director, employee, supplier, or
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`distributor of Defendant who has knowingly and willfully aided, abetted, and/or conspired in the
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`false and deceptive conduct alleged herein.
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`JURISDICTION AND VENUE
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`15.
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`This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332(d)(2)(A), as
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`amended by the Class Action Fairness Act of 2005 (“CAFA”), because this case is a class action
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`where the aggregate claims of all members of the proposed class are in excess of $5,000,000.00,
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`Case 4:22-cv-04145-LB Document 1 Filed 07/14/22 Page 6 of 25
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`exclusive of interest and costs, there are over 100 members of the putative class, and Plaintiffs, as
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`well as most members of the proposed class, are citizens of different states than Defendant. This
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`Court has personal jurisdiction over Defendant because it is licensed to do business in California,
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`has designated an agent for services of process in California, and otherwise conducts substantial
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`business in California.
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`16.
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`This Court has personal jurisdiction over Defendant because Defendant conducts
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`substantial business within California such that Defendant has significant, continuous, and pervasive
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`contacts with the State of California.
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`17.
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`Venue is proper in this District pursuant to 28 U.S.C. § 1391 because Defendant does
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`substantial business in this District and a substantial part of the events giving rise to Plaintiff’s claims
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`took place within this District and Plaintiff saw and heard Defendant’s advertisements in this District.
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`FACTUAL ALLEGATIONS
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`A. Mars’ Candy Skittles
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`18.
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`Skittles candy are manufactured, marketed, and sold by Mars Wrigley. The candy is
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`well-known by its colorful array, which Mars has dubbed “the rainbow” for marketing purposes to
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`great success. For example, Skittles was “America’s favorite non-chocolate chewy candy in 2017,
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`with sales in excess of $185 million U.S. dollars.”4
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`19.
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`20.
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`21.
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`The color of Defendant’s rainbow, however, is due to its use of TiO2.
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`Significantly, Defendant need not rely on the use of TiO2 to achieve this result.
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`Numerous of Defendant’s competitors do not use TiO2 in their Products and yet are
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`able to maintain the colorful impression Defendant hopes to achieve with its Products.
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`22.
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`For example, Swedish Fish Soft & Chewy Candy does not rely on TiO2 and yet
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`achieves a bright red color.
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`23.
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`Likewise, Black Forest Gummy Bears does not rely on TiO2 and still strikes an
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`assortment of colors, including orange, red, yellow, and green.
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`4 Nils-Gerrit Wunsch, Sales of Leading Non-Chocolate Chewy Candy Brands of the United States
`in 2017, STATISTA (Nov. 25, 2020) available at https://www.statista.com/statistics/190409/top-non-
`chocolate-chewy-candy-brands-in-the-united-states/ (last visited June 10, 2022).
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`24.
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`Similarly, Sour Patch Kids does not make use of TiO2 and accomplishes vivid colors
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`like lime green, yellow, orange, and redberry.
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`25.
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`Nerds also achieves bright colors including blue, green, red, and orange without the
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`use of TiO2.
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`26.
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`Indeed, even Defendant has colorful confectionary goods such as its M&Ms product
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`line that do not rely on TiO2.
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`B.
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`27.
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`Titanium Dioxide is Harmful to Human Health
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` In February 2016, Defendant alerted the public of its intention to remove TiO2 from
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`its confectionary products.
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`28.
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`Following that announcement, Jaydee Hanson, Senior Policy Analyst at Center for
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`Food Safety, stated that “We are pleased to see that MARS has taken a positive step toward
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`eliminating toxic, unnecessary nanomaterials from its line of food products. We urge the company
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`to speed up the removal of these additives, especially given the grave health concerns associated with
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`titanium dioxide and other nanoparticles.”
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`29. Mr. Hanson further stated that “Studies have shown that the human health risks
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`associated with ingesting nanoparticles of many common food additives far outweigh any utility for
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`producers. There are plenty of non-toxic alternatives available and we urge MARS and others to
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`commit to not using any engineered nanomaterials in human and animal food products.”
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`30.
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`Defendant’s public statements built on efforts by other large food companies to
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`remove TiO2 from their products. In March 2015, for example, Dunkin Donuts announced that it
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`would no longer use TiO2.
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`31.
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`The reason for eliminating titanium dioxide is simple: TiO2—which is used in paints,
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`coatings, adhesives, plastics, printing inks, and roofing materials—has demonstrated an ability to
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`pass through biological membranes, circulate through the body, and enter cells. Research shows that
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`the effects are serious, including DNA and chromosomal damage, organ damage, inflammation,
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`brain damage, genital malformations, lesions in the liver and kidneys, and cell neurosis.
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`32.
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`Titanium dioxide also builds up in the body’s intestinal tract. Ordinarily, the intestinal
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`track serves to absorb nutrients for the body. However, titanium dioxide cannot be absorbed. When
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`Case 4:22-cv-04145-LB Document 1 Filed 07/14/22 Page 8 of 25
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`this occurs, the body’s M-Cells absorb these particles and bring them to the innate immune system.
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`Overtime, the titanium dioxide particles are incorporated by the innate immune system cells where
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`they will remain without being degraded or dissolved.
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`33.
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`In 2019, the French government responded to these troubling findings by banning all
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`foods containing titanium dioxide. This ban took effect in January 2020.
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`34.
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`At that time, Defendant’s subsidiary, Mars Wrigley Confectionary France, confirmed
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`that it could and would comply with the law.
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`35.
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` Later that year, in October 2020, the European Parliament removed titanium dioxide
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`from the list of food additives authorized by the European Union for human consumption. European
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`researchers studying titanium dioxide noted that the long half-lives of titanium dioxide nanoparticles
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`created the potential for the particles to accumulate inside human organs and tissue. European
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`researchers also determined that titanium dioxide nanoparticles could cause DNA strands to break,
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`leading to chromosomal damage.
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`C.
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`36.
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`Defendant’s Omissions Concerning TiO2 is Actionable
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`Despite its February 2016 commitment to U.S. consumers and its apparent
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`compliance with the laws of the European Commission, Defendant has endangered U.S. consumers,
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`exposing them to TiO2, which Defendant knows carries significant health concerns. It also failed to
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`tell consumers that contrary to its earlier representations, it did not remove TiO2.
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`37.
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`As a result, Plaintiff and the Class were injured by the full purchase price of the
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`Products because the Products are worthless, as they are marketed as safe for human consumption
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`when they are not in fact safe for human consumption.
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`38.
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`Plaintiff and Class Members bargained for products that are safe for consumption and
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`were deprived of the basis of their bargain when Defendant sold them Products in packaging
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`containing dangerous substances with serious health consequences.
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`39.
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`No reasonable consumer would expect that the Products marketed as safe for human
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`consumption would pose a risk to their health, safety, and well-being, or that it would contain TiO2,
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`which is linked to harmful health effects in humans. Accordingly, Plaintiff and Class Members
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`suffered economic injuries as a result of purchasing the Products.
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`40.
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`As the Products expose consumers to a substance that pose a risk to consumers’
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`health, the Products are not fit for consumption by humans. Plaintiff and the Class are further entitled
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`to damages for the injury sustained in being exposed to TiO2, damages related to Defendant’s
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`conduct, and injunctive relief.
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`41. Moreover, because these facts relate to a critical safety-related deficiency in the
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`Products, Defendant was under a continuous duty to disclose to Plaintiff and Class Members the true
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`standard, quality, and grade of the Products and to disclose that the Products contained substances
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`known to have adverse health effects. Nonetheless, Defendant concealed and misrepresented this
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`information, as discussed herein.
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`42.
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`Although Defendant is in the best position to know what content it placed on its
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`packaging during the relevant timeframe, and the knowledge that Defendant had regarding the
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`presence of TiO2, and its failure to warn consumers that the Products contained TiO2, to the extent
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`necessary, Plaintiff satisfies the requirements of Rule 9(b) by alleging the following facts with
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`particularity:
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`43. WHO: Defendant made material omissions of fact about the Products through its
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`labeling which shows that the Products are safe for human consumption. These representations
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`constitute omitted material information regarding harmful chemicals.
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`44. WHAT: Defendant’s conduct here was, and continues to be, fraudulent because it
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`omitted and concealed that the Products contain a substance—TiO2—that is widely known to have
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`significant health repercussions. Thus, Defendant’s conduct deceived Plaintiff and Class Members
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`into believing that the Products are safe for human consumption when they are not. Defendant knew
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`or should have known that this information is material to reasonable consumers, including Plaintiff
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`and Class Members in making their purchasing decisions, yet they continued to pervasively market
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`the Product in this manner in the U.S. market.
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`45. WHEN: Defendant made material omissions during the putative class periods,
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`including prior to and at the time Plaintiff and Class Members purchased the Products, despite its
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`knowledge that the Products’ packaging contained TiO2, a harmful substance with known adverse
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`health effects.
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`Case 4:22-cv-04145-LB Document 1 Filed 07/14/22 Page 10 of 25
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`46. WHERE: Defendant’s marketing message was uniform and pervasive, carried
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`through material omissions on the labeling of the Product’s packaging, website, and through
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`marketing materials.
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`47. HOW: Defendant made material omissions of fact regarding the Products, including
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`the presence of TiO2 in the Products.
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`48. WHY: Defendant made the material omissions detailed herein for the express
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`purpose of inducing Plaintiff, Class Members, and all reasonable consumers to purchase and/or pay
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`for the Products, the effect of which was that Defendant profited by selling the Products to hundreds
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`of thousands of consumers.
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`49.
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`INJURY: Plaintiff and Class Members purchased, paid a premium (up to the full-
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`price), or otherwise paid more for the Products when they otherwise would not have absent
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`Defendant’s omissions.
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`CLASS ALLEGATIONS
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`50.
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`Class Definition.
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`Plaintiffs bring this action on behalf of a class of similarly
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`situated individuals, defined as all persons in the United States who, within the applicable statute of
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`limitations period, up to and including the date of final judgement in this action, purchased any of
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`Defendant’s Products at issue (the “Class”)
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`(a)
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`California Subclass. Plaintiff Jenile Thames also seeks to represent a
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`subclass of all Class members who within the applicable statutes of limitations period, up to and
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`including the date of final judgement in this action, purchased any of the Products at issue in
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`California (the “California Subclass”).
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`51.
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`Excluded from the Class and Subclasses are persons who made such purchase for
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`purpose of resale, Defendant and any entities in which Defendant has a controlling interest,
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`Defendant’s agents and employees, the judge to whom this action is assigned, and members of the
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`judge’s staff, and the judge’s immediate family.
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`52.
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`Plaintiff reserves the right to amend the definition of the Class and Subclass if
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`discovery or further investigation reveals that the Class or Subclass should be expanded or otherwise
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`modified.
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`CLASS ACTION COMPLAINT – JURY TRIAL DEMANDED
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`Case 4:22-cv-04145-LB Document 1 Filed 07/14/22 Page 11 of 25
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`53.
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`Numerosity. Members of the Class and Subclass are so numerous that their
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`individual joinder herein is impracticable. On information and belief, members of the Class and
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`Subclass number in the millions. The precise number of Class members and their identities are
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`unknown to Plaintiff at this time but may be determined though discovery. Class members may be
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`notified of the pendency of this action by mail and/or publications through the distribution records
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`of Defendant and third-party retailers and vendors.
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`54.
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`Commonality and Predominance. Common questions of law and fact exist as to all
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`Class members and predominate over questions affecting only individual Class members. Common
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`legal and factual questions include but are not limited to: whether Defendant warranted the Products
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`as “Safe for Human Consumption”; whether the Products contain Titanium Dioxide; whether
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`Defendant breached these warranties; and whether Defendant committed the statutory and common
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`law violations alleged against them herein by doing so.
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`55.
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`Typicality.
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`The claims of the named Plaintiff is typical of the claims of the Class
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`in that Plaintiffs purchased one of Defendant’s Products in reliance on the presentations and
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`warranties described above and suffered a loss as a result of that purchase.
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`56.
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`Adequacy.
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`Plaintiff is an adequate representative of the Class and respective
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`Subclass because his interest does not conflict with the interests of the Class and Subclass members
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`he seeks to represent, he has retained competent counsel experienced in prosecuting class actions,
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`and they intend to prosecute this action vigorously. The interests of the Class and Subclass members
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`will be fairly and adequately protected by Plaintiffs and their counsel.
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`57.
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`Superiority. The class mechanism is superior to other available means for the fair
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`and efficient adjudication of the claims of Class members. Each individual Class members may lack
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`the resources to undergo the burden and expense of individual prosecution of the complex and
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`extensive litigation necessary to establish Defendant’s liability. Individualized litigation increases
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`the delay and expense of all parties and multiplies the burden on the judicial system presented by the
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`complex legal and factual issues of the case. Individualized litigation also presents a potential for
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`inconsistent or contradictory judgments. In contrast, the class action device presents far fewer
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`management difficulties and provides the benefits of single adjudication, economy of scale, and
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`CLASS ACTION COMPLAINT – JURY TRIAL DEMANDED
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`Case 4:22-cv-04145-LB Document 1 Filed 07/14/22 Page 12 of 25
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`comprehensive supervision by a single court on the issue of Defendant’s liability. Class treatment
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`of the liability issue will ensure that all claims and claimants are before this Court for consistent
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`adjudication of liability issues.
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`58.
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`Defendant has acted or failed to act on grounds generally applicable to the Class,
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`thereby making appropriate final injunctive relief with respect to the Class and Subclass as a whole.
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`59. Without a class action, Defendant will continue a course of action that will result in
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`further damages to Plaintiff and members of the Class and Subclass and will likely retain the benefits
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`of its wrongdoing.
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`60.
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`Based on the foregoing allegations, Plaintiff’s claims for relief include those set forth
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`below.
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`COUNT I
`Violation of California’s Unfair Competition Law,
`Cal. Bus. & Prof. Code §§ 17200, et seq.
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`61.
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`62.
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`63.
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`Plaintiff realleges and reincorporates by reference all paragraphs alleged above.
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`Plaintiff brings this claim individually and on behalf of the Class against Defendant.
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`California Business and Professions Code § 17200 prohibits “any unlawful, unfair, or
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`fraudulent business act or practice.” For the reasons discussed above, Defendant has engaged in
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`unlawful, unfair, and fraudulent business acts or practices in violation of California Business &
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`Professions Code § 17200.
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`64.
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`By committing the acts and practices alleged herein, Defendant has violated
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`California’s Unfair Competition Law (“UCL”), Cal. Bus. & Prof. Code §§ 17200-17210, as to the
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`Class, by engaging in unlawful, fraudulent, and unfair conduct.
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`65.
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`Defendant has violated the UCL’s proscription against engaging in Unlawful
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`Business Practices as a result of its violations of the CLRA, Cal. Civ. Code § 1770(a)(5), (a)(7), and
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`(a)(9) as alleged below, violations of California’s Song-Beverly Act, and violations of California’s
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`False Advertising Law, in addition to breaches of warranty and violations of common law.
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`66.
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`As more fully described above, Defendant’s misleading marketing, advertising,
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`packaging, and labeling of the Product is likely to deceive reasonable consumers. In addition,
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`CLASS ACTION COMPLAINT – JURY TRIAL DEMANDED
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`Defendant has committed unlawful business practices by, inter alia, making the omissions of material
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`facts, as set forth more fully herein, and violating the common law.
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`67.
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`Plaintiff and the Class Members reserve the right to allege other violations of law
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`which constitute other unlawful business acts or practices.
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`68.
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`Defendant has also violated the UCL’s proscription against engaging in Unfair
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`Business Practices. Defendant’s acts, omissions, misrepresentations, practices and non-disclosures
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`as alleged herein also constitute “unfair” business acts and practices within the meaning of Business
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`& Professions Code § 17200 et seq. in that its conduct is substantially injurious to consumers, offends
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`public policy, and is immoral, unethical, oppressive, and unscrupulous as the gravity of the conduct
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`outweighs any alleged benefits attributable to such conduct.
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`69.
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`There were reasonably available alternatives to further Defendant’s legitimate
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`business interests, other than the conduct described herein.
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`70.
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`Defendant has further violated the UCL’s proscription against engaging in
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`Fraudulent Business Practices. Defendant’s claims, nondisclosures and misleading statements
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`with respect to the Product, as more fully set forth above, were false, misleading and/or likely to
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`deceive the consuming public within the meaning of Business & Professions Code § 17200.
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`71.
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`Plaintiff and the other Class Members suffered a substantial injury by virtue of buying
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`the Products that they would not have purchased absent Defendant’s unlawful, fraudulent, and unfair
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`marketing, advertising, packaging, and omission about the defective nature of the Products.
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`72.
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`There is no benefit to consumers or competition from deceptively marketing and
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`omitting material facts about the true nature of the Products.
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`73.
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`Plaintiff and the other Class Members had no way of reasonably knowing that the
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`Products they purchased were not as marketed, advertised, packaged, or labeled. Thus, they could
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`not have reasonably avoided the injury each of them suffered.
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`74.
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`The gravity of the consequences of Defendant’s conduct as described outweighs any
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`justification, motive, or reason therefore, particularly considering the available legal alternatives
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`which exist in the marketplace, and such conduct is immoral, unethical, unscrupulous, offends
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`established public policy, or is substantially injurious to Plaintiff and the other Class Members.
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`CLASS ACTION COMPLAINT – JURY TRIAL DEMANDED
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`75.
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`Pursuant to California Business and Professional Code § 17203, Plaintiff and the
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`Class seek an order of this Court that includes, but is not limited to, an order requiring Defendant to
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`(a) provide restitution to Plaintiff and the other Class Members; (b) disgorge all revenues obtained
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`as a result of violations of the UCL; and (c) pay Plaintiff’s and Class members’ attorneys’ fees and
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`costs.
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`76.
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`Here, equitable relief is appropriate because Plaintiff may lack an adequate remedy at
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`law, if, for instance damages resulting from his purchase of the Products is determined to be an
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`amount less than the premium price of the Product. Without compensation for the full premiu