18.  Defendants manufacture, distribute, market, and sell over-the-counter  biotin products under their Nature’s Bounty brand.  This lawsuit concerns five of  those products — Biotin 5000 mcg, SUPER POTENCY Biotin 5000 mcg, QUICK  DISSOLVE Biotin 5000 mcg, Biotin 10,000 mcg rapid release softgels, and Biotin  10,000 mcg HEALTH & BEAUTY rapid release liquid softgels (collectively, “Biotin  Products”).  The Biotin Products are marketed as supplements with the purpose of  providing certain health benefits.   The Biotin Products are sold in virtually every  major food, drug, and mass retail outlet in the country including, but not limited to:  CVS, Kroger, Target, Walgreens, and Wal-Mart.  A single container of the Biotin  Products retails for approximately $10.00–$25.00.   The Uniform Health Benefits Message   19.  Throughout the relevant time period, Defendants have consistently  conveyed the health benefits message to consumers throughout California and the  United States.   Consumer Exposure to the Health Benefits Message   21.  Plaintiff and Class members have been and will continue to be deceived  or misled by Defendants’ deceptive health benefit representations.  Plaintiff and the  Class members have been damaged in their purchases of the Biotin Products and have  been deceived into purchasing the Biotin Products that they believed, based on  Defendants’ representations, would provide them health benefits, when, in fact, they  do not.  23. In the alternative, Plaintiff seeks certification of the following Class:   California-Only Class Action  All California consumers who within the applicable statute  of limitations period until the date notice is disseminated,  purchased Biotin Products.  Excluded from this Class are Defendants and their officers,  directors and employees, and those who purchased Biotin  Products for the purpose of resale.   24.  Numerosity.  The members of the Classes are so numerous that joinder  of all members of the Classes is impracticable.  Plaintiff is informed and believes that  the proposed Classes contain thousands of purchasers of Biotin Products who have  been damaged by Defendants’ conduct as alleged herein.  The precise number of  Class members is unknown to Plaintiff.   26.  Typicality.  Plaintiff’s claims are typical of the claims of the members  of the Classes because, inter alia, all Class members were injured through the  uniform misconduct described above and were subject to Defendants’ deceptive  health benefit representations on the front of each and every Biotin Product container.   Plaintiff is also advancing the same claims and legal theories on behalf of herself and  all members of the Classes.     27.  Adequacy of Representation.  Plaintiff will fairly and adequately  protect the interests of the members of the Classes.  Plaintiff has retained counsel  experienced in complex consumer class action litigation, and Plaintiff intends to  prosecute this action vigorously.  Plaintiff has no adverse or antagonistic interests to  those of the Classes.   29.  Plaintiff seeks preliminary and permanent injunctive and equitable relief  on behalf of the entire Classes, on grounds generally applicable to the entire Classes,  to enjoin and prevent Defendants from engaging in the acts described, and requiring  Defendants to provide full restitution to Plaintiff and Class members.   30.  Unless a Class is certified, Defendants will retain monies received as a  result of their conduct that were taken from Plaintiff and Class members.     31.  Unless an injunction is issued, Defendants will continue to commit the  violations alleged, and the members of the Classes and the general public will  continue to be deceived.  32.  Plaintiff repeats and re-alleges the allegations contained in the  paragraphs above, as if fully set forth herein.   33.  Plaintiff brings this claim individually and on behalf of the Classes.   34.  As alleged herein, Plaintiff has suffered injury in fact and lost money or  property as a result of Defendants’ conduct because she purchased Defendants’  Biotin Products in reliance on Defendants’ claim that the Biotin Products would  provide her with health benefits, but did not receive Biotin Products that provide  those benefits.      35.  Plaintiff suffered that injury at the time of her purchase, when she  bought products that do not deliver the benefits Defendants promise.     37.  In the course of conducting business, Defendants committed “fraudulent  business act[s] or practices” and false, deceptive or misleading advertising by, inter  alia, making the health benefit representations (which also constitutes advertising  within the meaning of §17200) regarding the Biotin Products on the Biotin Products’  labeling, as set forth more fully herein.    38.  Defendants’ actions, claims and misleading statements, as more fully set  forth above, are false, misleading and/or likely to deceive the consuming public  within the meaning of Business & Professions Code §17200, et seq.   39.  Plaintiff and other members of the Classes have in fact been deceived  as a result of their reliance on Defendants’ material health benefit representations.   Plaintiff and the other Class members have suffered injury in fact and lost money as  a result of their purchase(s) of Defendants’ Biotin Products that do not provide health  benefits.    40.  Unless restrained and enjoined, Defendants will continue to engage in  the above-described conduct. Accordingly, injunctive relief is appropriate.   41.  Plaintiff, on behalf of herself, all others similarly situated, and the  general public, seeks restitution of all money obtained from Plaintiff and the  members of the Classes collected as a result of unfair competition, an injunction  prohibiting Defendants from continuing such practices, corrective advertising and all  other relief this Court deems appropriate, consistent with Business & Professions  Code §17203.  42.  Plaintiff repeats and re-alleges the allegations contained in the  paragraphs above, as if fully set forth herein.   44.  This cause of action is brought pursuant to the Consumers Legal  Remedies Act, California Civil Code §1750, et seq. (the “Act”).   45.  Plaintiff is a consumer as defined by California Civil Code §1761(d).  The Biotin Products are “goods” within the meaning of the Act.   46.  Defendants violated and continue to violate the Act by engaging in the  following practices proscribed by California Civil Code §1770(a) in transactions with  Plaintiff and the California-Only Class which were intended to result in, and did  result in, the sale of the Biotin Products:  (5)  Representing that [the Biotin Products have] . . . characteristics, . . .  uses [and] benefits . . . which [they do] not have . . . .  *  *  *   47.  Pursuant to California Civil Code §1782(d), Plaintiff and the California- Only Class seek a Court order enjoining the above-described wrongful acts and  practices of Defendants and for restitution and disgorgement.   48.  Pursuant to §1782 of the Act, Plaintiff notified Defendants in writing by  certified mail of the particular violations of §1770 of the Act and demanded that  Defendants rectify the problems associated with the actions detailed above and give  notice to all affected consumers of Defendants’ intent to so act.  A copy of the letter  is attached hereto as Exhibit B.   49.  If Defendants fail to rectify or agree to rectify the problems associated  with the actions detailed above and give notice to all affected consumers within 30  days of the date of written notice pursuant to §1782 of the Act, Plaintiff will amend  this Complaint to add claims for actual, punitive and statutory damages, as  appropriate.   50.  Defendants’ conduct is fraudulent, wanton and malicious.   The Biotin Products   Violation of Business & Professions Code §17200, et seq.  Fraudulent Business Acts and Practices   (On Behalf of the Multi-State or California-Only Class)   Violations of the Consumers Legal Remedies Act – Civil Code §1750 et seq.  (On Behalf of the California-Only Class)  