(False Advertising in Violation of Cal. Business & Professions Code§§ 17500, et seq.)   10.  Plaintiffs are informed and believe, and on that basis allege, that Wise Company  markets and sells its products primarily through its website. The products are grouped into such  categories as "long-term food kits,'' "emergency food kits,'' "meats, fruits & vegetables," and  "emergency supplies." Among the "long-term food kits" are such products as the 56-serving  entree and breakfast pack that includes 4 servings of "creamy pasta and vegetable rotini,'' 4  servings of "chili macaroni," and 12 servings of "apple cinnamon cereal," along with 36 servings  of other dishes. There is also a One-Month Emergency Food Box for 1 person. Wise Company's  description of these products is designed to lead the consumer to believe that the food kits will  last for the period of time for which each kit is named, i.e., one month, three months, etc.   11.  It is well known among nutritionists and dieticians that an adult requires a certain  number of calories per day in order to sustain life and avoid starvation or other ill health effects.  For example, the United States Depaiiment of Agriculture (USDA) and the Department of Health  and Human Services (HHS) jointly issue the Dietary Guidelines for Americans (DGA), which is  designed to facilitate informed food choices and includes, inter alia, authoritative information  about caloric requirements. As part of this quinquennial effort, the government publishes the  following "Estimated Calorie Needs per Day by Age, Gender and Physical Activity Level" for the  3  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28   13.  On October 21, 2015 Plaintiff Miller visited the Wise Company website. After  reviewing the representations on the website for the Long-Term Food Kits, Plaintiff Miller  purchased the 56-serving entree and breakfast pack. On the product web page,3 Wise Company  represented that the entree and breakfast pack was "[ e ]nough to feed 1 person for 1 month or 4  adults for 1 week at 2 servings per day." This representation was reiterated graphically under the  product description.  Figure 1  How many people wm this feed and for how long?  How long will  56 servings last?  1 Week Supply  2 SEl!\llHGS/OAY  4 Week Supply  15  ("Unlawful" Business Practices in Violation of Cal. Bus. & Prof. Code§§ 17200, et seq.)  16   17.  On June 14, 2016, Plaintiff Borneman visited the Wise Company website. After  reviewing the representations on the website, including the "One Month Emergency Food Box for  1 Person," Plaintiff Borneman purchased the box. On the product web page, Wise Company  represented that (as implied in its name) the box would feed one person for one month. This  representation is reiterated graphically in the product description on the product webpage:  How long will this  supply last?  19  20  21  22  23  24  25  26  27  28   19   20.  Plaintiffs bring this action on behalf of themselves and all other similarly situated  20  consumers pursuant to California Code of Civil Procedure section 382, and seek certification of  21  the following class:  22  All persons who purchased a Wise Company Long-Term Food Kit  or Emergency Food Kit in California from four years prior to the  23  filing of this Complaint through to the date of class certification.  24  Excluded from the Class are: (i) Wise Company employees, principals, affiliated entities, legal  25  representatives, and their successors and assigns; and (ii) the judge(s) to whom this action is  26  assigned and any members of their immediate families. Plaintiffs are infmmed and believe and on  2 7  that basis allege that there are more than 100 members of the class, and that such members reside  28  in multiple Counties. J oinder of all members of the class would, therefore, be impracticable. The  7  21  ("Unfair" Business Practices in Violation of Cal. Bus. & Prof. Code §§ 17200, et seq.)  22   23  (Violation of the Consumers Legal Remedies Act, Cal. Civil Code §§ 1750, et seq.)  24   25.  Plaintiffs incorporate the preceding paragraphs as if fully set forth herein.  25   26.  Plaintiffs and each member of the proposed class are "consumers" within the  26  meaning of Civil Code§ 1761, subdivision (d).  27   27  (Declaratory Relief)  28   27.  The purchases of the Wise Company's Long-Term and Emergency Food Kits by  28  consumers constitute "transactions" within the meaning of Civil Code§ 1761, subdivision (e) and  9  35.  Plaintiffs incorporate the preceding paragraphs as if fully set forth herein.   36.  Wise Company uses advertising on its website and on the packaging of its Long- Tenn and Emergency Food Kits to sell these food kits.   37.  The advertising disseminated by Wise Company is deceptive, untrue, and/or  misleading within the meaning of California Business & Professions Code §§ 17500, et seq.  because it misrepresents the truth, omits material information, and is likely to deceive members of  the general public.  3 8.  In making and disseminating the false advertising alleged herein, Wise Company  knew or should have known that the statements were untrue and/or misleading, and it acted in  violation of California Business & Professions Code §§ 17500, et seq.   39.  The misrepresentations and omissions by Wise Company of the material facts  detailed above constitute false and misleading advertising and therefore constitute a violation of  California Business & Professions Code§§ 17500, et seq.   4  The Court's Civil Mediation Panel (available for both Court"Ordered Mediation and  Private Mediation). See http://adr.riverside.courts.ca.gov/adr/civil/panelist.php or ask for  the list in the civil clerk's office, attorney window.  a.  Riverside County ADR providers funded by DRPA (Dispute Resolution Program Act):  Dispute Resolution Service (DRS) Riverside County Bar Association: (951) 682"1015  Dispute Resolution Center, Community Action Partnership {CAP): (951) 9554900  Adopted forMondotoiy Use  fli~ero!do Superior Court  Rl·AOR1A(Rev.111/12J  Page 2 of3  40.  Through its deceptive acts and practices, Wise Company has improperly and  illegally obtained money from Plaintiffs and members of the class, and has been unjustly  enriched. Plaintiffs are entitled to restitution of all such money as well as an injunction  prohibiting Wise Company from continuing to violate the F AL, as discussed above. Otherwise,  Plaintiffs and those similarly situated will continue to be harmed by Wise Company's false and/or  misleading adve1iising.   4050 Main Street - 2nd Floor  Riverside, CA 92501  www.riverside.courts.ca.qov  41.  Pursuant to California Business & Professions Code§ 17535, Plaintiffs seek an  order directing Wise Company to reforn1 its advertising so as fully to disclose the true facts.  Plaintiffs additionally request an order requiring Wise Company to disgorge its ill-gotten gains  and/or award full restitution of all monies wrongfully acquired by Wise Company by means of  such acts of false advertising, plus interest, which ill-gotten gains are still retained by Wise  Company. Members of the class and the general public may be itTeparably haimed, and Plaintiffs  12  43.  Plaintiffs incorporate the preceding paragraphs as if fully set forth herein.  17  18  19  20  21  22  23  24  25  26  27  28   44.  The UCL defines unfair business competition to include any "unlawful, unfair or  fraudulent" act or practice, as well as any "unfair, deceptive, untrue or misleading" advertising.  Cal. Bus. Prof. Code § 17200.   45.  A business act or practice is "unlawful" if it violates any established state or  federal law.   46.  By committing the unlawful acts and practices alleged above, Wise Company has  violated the Consumers Legal Remedies Act and the False Advertising Law and therefore has  engaged, and continues to engage, in unlawful business practices within the meaning of California  Business and Professions Code§§ 17200, et seq.   47.  Through its unlawful acts and practices, Wise Company has obtained, and  continues to obtain, money from members of the class. Plaintiffs and class members are entitled  to restitution of all such money as well as an injunction prohibiting Wise Company from  13  56.  Plaintiffs incorporate the preceding paragraphs as if fully set forth herein.  23   57.  The UCL defines unfair business competition to include any "unlawful, unfair or  24  fraudulent" act or practice, as well as any "unfair, deceptive, untrue or misleading" advertising.  25  Cal. Bus. Prof. Code § 17200.  26   58.  A business act or practice is "unfair" under the UCL if the reasons, justifications  27  and motives of the alleged wrongdoer are outweighed by the gravity of the hann to the alleged  28  victims.  15  62.  Plaintiffs incorporate the preceding paragraphs as if fully set f01ih herein.  16  9.  Wise Company specializes in the manufacture and sale of "survival food."  Operating under the moniker "Be Wise. Be Ready," Wise Company claims to be the "nation's  leader in emergency preparedness." The mainstays of Wise Company's product offerings are  "Long Tenn Food Kits" sold in incremental sizes ranging from a "72 Hour Food Supply" to a "12  Month Food Supply."   ADR Information and forms are posted on the ADR website: hltp:/lriverside.courts.ca.gov/adr/adr.shtml  General Policy:  Parties in most general civil cases are expected to participate in an ADR process before  requesting a trial date and to participate in a settlement conference before trial. (Local  Rule 3200)  Court~Ordered ADR:  Certain cases valued at uhder $50,000 may be ordered to judicial arbitration or mediation.  This order is usually made at the Case Management Conference. See the "Court-Ordered  Mediation Information Sheet" on the ADR website for more information.  Private ADR (for cases not ordered to arbitration or mediation}:  Parties schedule and pay for their ADR process without Court involvement. Parties may  schedule private ADR at any time; there is no need to wait until the Case Management  Conference. See the "Private Mediation Information Sheet" on the ADR website for more  information.  CHAVEZ & GERTLER LLP  42 Miller Ave., Mill Valley, CA 94941  FEB 15 2017  D  Banning • 311 E. Ramsey Street, Banning, CA 92220  D  Hemet - 880 N. State Street, Hemet, CA 92543  D  Indio -46-200 Oasis Street, Indio, CA 92201  D  Riverside - 4050 Main Street, Riverside, CA 92501  D  Temecula - 41002 County Center Drive, Bldg. C - Suite 100, Temecula, CA 92591 