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KROESSLER v. CVS HEALTH CORP.

No. 19-55671.

977 F.3d 803 (2020)

James KROESSLER, individually, and on behalf of all others similarly situated, Plaintiff-Appellant, v. CVS HEALTH CORPORATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 9, 2020.

Attorney(s) appearing for the Case

Leslie E. Hurst (argued) and Timothy G. Blood , Blood Hurst & O'Reardon LLP, San Diego, California; Todd D. Carpenter , Carlson Lynch LLP, San Diego, California; for Plaintiff-Appellant.

Jean-Claude André (argued) and Adriane Peralta , Sidley Austin LLP, Los Angeles, California; Amy P. Lally , Sidley Austin LLP, Los Angeles, California; for Defendant-Appellee.

J. Kathleen Bond and Jennifer M.S. Adams , Amin Talati Wasserman LLP, Chicago, Illinois, for Amicus Curiae Council for Responsible Nutrition.

Before: Richard A. Paez and Bridget S. Bade, Circuit Judges, and Eric F. Melgren, District Judge.

OPINION

Appellant James Kroessler purchased one of CVS's glucosamine-based supplements in 2017, believing it would provide the advertised joint health benefits. He sued CVS under California law, alleging that the supplement he purchased, and five additional CVS glucosamine-based supplements, did not provide the...

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