United States Ninth Circuit

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Kwan v. SanMedica Int'l, 15-15496

In a suit alleging that defendants made claims concerning its product, SeroVital, that were unsubstantiated, the district court's ed. R. Civ. P. 12(b)(6) dismissal of plaintiff's second amended complaint is affirmed where: 1) pursuant to the holding in National Council Against Health Fraud, Inc. v. King Bio Pharmaceuticals, Inc., 107 Cal. App. 4th 1336, 1344 (Cal. App. 2003), the panel held that the district court did not err in concluding that neither the Unfair Competition Law nor the Consumer Legal Remedies Act provided plaintiff with a private cause of action to enforce the substantiation provisions of California's unfair competition and/or consumer protection laws; and 2) the district court did not err in concluding that the second amended complaint failed to allege facts that would support a finding that defendants' claims regarding its product, SerioVital, were actually false.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/04/21




  • United States Ninth Circuit


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