(Violation of California’s Consumers Legal Remedies Act (“CLRA”)   Cal. Civ. Code §§ 1750, et seq. (Equitable relief only)   (Violation of California’s Unfair Competition Law (“UCL”)   Cal. Bus. & Prof. Code §§ 17200, et seq. - Unfair Prong)   (Violation of California’s Unfair Competition Law (“UCL”)   Cal. Bus. & Prof. Code §§ 17200, et seq. - Unlawful Prong)   13.  The demand for bottled water continues to grow in the United States  and internationally.  Consumers believe bottled water is healthy, unadulterated and  more flavorful in many cases than tap water.   27.  Plaintiff brings this action as a class action pursuant to Rules 23(a) and  23(b)(2) and 23 (b)(3) of the Federal Rule of Civil Procedure, seeking damages and  injunctive relief under state consumer protection statutes on behalf of himself and all  members of the Class.   28.  The Class consists of all consumers who, while in California,  purchased any Peñafiel beverage within the applicable statute(s) of limitations.     29.  The Class for whose benefit this action is brought is so numerous that  joinder of all members is impracticable.  While the exact number and identities of  the persons who fit within each proposed class are presently unknown, it includes  thousands of persons and the exact number can be ascertained from Defendant’s  records or by resort to vendor records.  Peñafiel beverages are sold by Target, Wal- mart, Instacart and over Amazon.com.   37.  Plaintiff realleges and incorporates by reference all previous allegations  of the Complaint as if they were set forth in full herein.   45.  Plaintiff realleges and incorporates by reference all previous allegations  of the Complaint as if they were set forth in full herein.   46.  Section 17200 of the California Business & Professions Code, known  as the Unfair Competition Law (“UCL”), prohibits any “unlawful, unfair or  fraudulent business act or and unfair, deceptive, untrue or misleading advertising  ....” Section 17200 specifically prohibits any “unlawful ... business act or practice.”   47.  The UCL borrows violations of other laws and statutes and considers  those violations also to constitute violations of California law.   48.  Defendant’s conduct was and continues to be unlawful under FDA  regulations.   49.  Defendant’s conduct in unlawfully offering for sale and selling Peñafiel  beverages that are unlawfully contaminated by arsenic is without excuse or  justification.   50.  Defendant has violated the FDA arsenic level rules which make it  unlawful to disseminate beverage containing arsenic at levels higher than 10 ppb.   52.  Plaintiff realleges and incorporates by reference all previous allegations  of the Complaint as if they were set forth in full herein.   53.  Section 17200 of the California Business & Professions Code (the  “UCL”) prohibits any “unlawful, unfair or fraudulent business act or and unfair,  deceptive, untrue or misleading advertising ...” Section 17200 specifically prohibits  any “unfair ...business act or practice.” Defendant’s practices violate the UCL’s  “unfair” prong.   54.  A business act or practice is “unfair” under the UCL if the reasons,  justifications, and motives of the alleged wrongdoer are outweighed by the gravity  of the harm to the alleged victims. A business act or practice is also “unfair” under  the UCL if a defendant’s conduct is immoral, unethical, oppressive, unscrupulous,  or substantially injurious to consumers. A business act or practice is also “unfair”  under the UCL where the consumer injury is substantial, the injury is not  outweighed by any countervailing benefits to consumers or competition, and the  injury is one that consumers themselves could not reasonably have avoided  considering the available alternatives.   55..  Defendant’s conduct, as detailed herein, constitutes unfair business  practices.  Defendant’s practices, as described herein, are “unfair” within the  meaning of the UCL because the conduct is unethical and injurious to California  residents, and the utility of the conduct to Defendant does not outweigh the gravity  of the harm to consumers, including Plaintiff and Class Members.   