40.  Plaintiff brings this action as a class action pursuant to Federal Rule of  Civil Procedure 23 for the following Class of persons:  All persons in the Sate of California who, within the applicable statute of  limitations preceding the filing of this action, purchased a product from  the GNC website at www.gnc.com.   41.  Excluded from the Class are GNC, its parents, subsidiaries, affiliates,  officers and directors, any entity in which GNC has a controlling interest, all  customers who make a timely election to be excluded, governmental entities, and any  judge, justice or judicial officer presiding over this matter and members of their  immediate families and judicial staff.   42.  Plaintiff reserves the right to amend the Class definition if further  investigation and discovery indicates that the Class definition should be narrowed,  expanded, or otherwise modified.   43.  Numerosity. While the exact number of Class members is unknown to  Plaintiff at this time, and will be ascertained through appropriate discovery, Plaintiff is  informed and believes that the Class consists of thousands of members.  The number  of individuals who comprise the Class is so numerous that joinder of all such persons  is impracticable and the disposition of their claims in a class action, rather than in  individual actions, will benefit both the parties and the courts.   48.  Plaintiff hereby incorporates by reference each of the allegations  contained in the preceding paragraphs of this Complaint.   49.  California Business and Professional Code, section 17501, states that:  No price shall be advertised as a former price of any advertised thing,  unless the alleged former price was the prevailing market price as above  defined within three months next immediately preceding the publication  of the advertisement or unless the date when the alleged former price did  prevail is clearly, exactly and conspicuously stated in the advertisement.  For the purpose of section 17501, the retail market price at the time of publication of  such advertisement is the retail price in locality wherein the advertisement is  published.   50.  At all material times, GNC engaged in a scheme of advertising that its  products were subject to a discount when such discounts were illusory and did not  reflect the “prevailing marketing price” of the item for a particular time period in a  particular location, or even the price at which the product was recently sold on GNC’s  website.   57.  Plaintiff hereby incorporates by reference each of the allegations  contained in the preceding paragraphs of this Complaint.   58.  GNC sells “goods” and “services” as defined by California Civil Code §  1761.   59.  Each of the Defendants is a "person" as defined by California Civil Code  § 1761(c).   60.  Plaintiff and Class members are "consumers" within the meaning of  California Civil Code §1761(d) because they purchased the products from GNC.com  for personal, family or household use.   61.  The sale of the products to Plaintiff and Class members via GNC’s  website is a “transaction” as defined by California Civil Code § 1761(e).   68.  Plaintiff hereby incorporates by reference each of the allegations  contained in the preceding paragraphs of this Complaint.   69.  California Business and Professional Code, section 17501, states:  No price shall be advertised as a former price of any advertised thing,  unless the alleged former price was the prevailing market price as above  defined within three months next immediately preceding the publication  of the advertisement or unless the date when the alleged former price did  prevail is clearly, exactly and conspicuously stated in the advertisement.   79.  Plaintiff hereby incorporate by reference each of the allegations  contained in the preceding paragraphs of this Complaint.   80.  Plaintiff and other members of the Class suffered a substantial injury by  virtue of GNC’s unlawful scheme of advertising that its products were subject to a  discount when such discounts were illusory and did not reflect the “prevailing market  price” of the item during any particular time period at a particular location or even the  price at which the product was previously sold on GNC’s website.   81.  GNC’s actions alleged herein violate the laws and public policies of  California and the federal government as set out in preceding paragraphs of this  Complaint.   82.  There is no benefit to consumers or competition by allowing GNC to  deceptively market and advertise nonexistent discounts in violation of California Law.   87.  Plaintiff hereby incorporates by reference each of the allegations  contained in the preceding paragraphs of this Complaint.   Violation of CAL. CIV. CODE §§ 1750, et seq.-  Misrepresentation of the Existence of a Discount   Violation of CAL. BUS. & PROF. CODE §§ 17200, et seq. -   Fraudulent Business Acts and Practices   Violation of CAL. BUS. & PROF. CODE §§ 17500, et seq. -  Untrue, Misleading and Deceptive Advertising   Violation of CAL. BUS. & PROF. CODE §§ 17200, et seq. -  Unfair Business Acts and Practices   Violation of CAL. BUS. & PROF. CODE §§ 17200, et seq. -  Unlawful Business Acts and Practices  