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STATE v. LIVING ESSENTIALS, LLC

No. 76463-2-I.

436 P.3d 857 (2019)

STATE of Washington, Respondent, v. LIVING ESSENTIALS, LLC, a Michigan limited liability company, and Innovation Ventures, LLC, a Michigan limited liability company, Appellants.

Court of Appeals of Washington, Division 1.

FILED: March 18, 2019.

Attorney(s) appearing for the Case

Michael Barr King , Jason Wayne Anderson , James Elliot Lobsenz , Emilia L. Sweeney , Rory Drew Cosgrove , Carney Badley Spellman PS, 701 5th Ave., Ste. 3600, Seattle, WA, 98104-7010, Jill Diane Bowman , Stoel Rives LLP, 600 University St., Ste. 3600, Seattle, WA, 98101-3197, Reilley Michelle Dunne Keating , Joel Mullin , Stoel Rives LLP, 760 SW 9th Ave., Ste. 3000, Portland, OR, 97205-2584, for Appellant.

Trisha L. Mcardle , Attorney at Law, 3808 NE 88th St., Seattle, WA, 98115-3737, Daniel T. Davies , Washington Attorney General's Office, 800 Fifth Ave., Ste. 2000, Seattle, WA, 98104-3188, for Respondent.

Kang Woo Lee , Said Saba , Raqiyyah Pippins , Arnold & Porter Kaye Scholer LLP, 601 Massachusetts Ave. NW, Washington, DC, 20001-3743, Trenton Norris , Arnold & Porter Kaye Scholer, Three Embarcadero Center, 10th Floor, San Francisco, CA, 94111, for Amicus Curiae on behalf of Responsible Nutrition.

PUBLISHED OPINION

¶ 1 The State of Washington sued Living Essentials, LLP, and Innovative Ventures, LLP (collectively, Living Essentials) under the Washington Consumer Protection Act (CPA), chapter 19.86 RCW, alleging that Living Essentials violated the CPA by making deceptive advertising claims about its product, 5-Hour...

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