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EBNER v. FRESH, INC.

No. 13-56644.

818 F.3d 799 (2016)

Angela EBNER, Plaintiff-Appellant, v. FRESH, INC., a Delaware Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 17, 2016.

Attorney(s) appearing for the Case

Henry Alexander Iliff , (argued), Dorsey & Whitney LLP, New York, NY; James E. Howard , Dorsey & Whitney LLP, Seattle, WA; Adam H. Springel , Springel & Fink LLP, Costa Mesa, CA, for Plaintiff-Appellant.

Stephen R. Smerek (argued), Drew A. Robertson , and Shawn Rieko Obi , Winston & Strawn LLP, Los Angeles, CA, for Defendant-Appellee.

Before: JEROME FARRIS, A. WALLACE TASHIMA, and JAY S. BYBEE, Circuit Judges.

OPINION

Angela Ebner ("Plaintiff") alleges that cosmetics and skin care products manufacturer Fresh, Inc. ("Fresh") deceived consumers about the quantity of lip balm in its Sugar Lip Treatment ("Sugar") product line. Although Sugar's label accurately indicates the net weight of included lip product, the tube design...

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