(ON BEHALF OF THE NATIONWIDE CLASS AND THE CALIFORNIA CLASS)   (Violation of California Business & Professions Code §§ 17500, et seq. –   False and Misleading Advertising)   (ON BEHALF OF THE NATIONWIDE CLASS AND THE CALIFORNIA CLASS)  (Violation of California Business & Professions Code §§ 17200 et seq. )   (ON BEHALF OF THE NATIONWIDE CLASS AND THE CALIFORNIA CLASS)   (Violation of California Civil Code §§ 1750, et seq. –  Consumers Legal Remedies Act)   28.  Plaintiff brings this action as a class action pursuant to Federal Rule of Civil  Procedure 23. Plaintiff seeks to represent the following classes:  a.  The “California Class,” which consists of: All consumers within the State of  California who purchased Asahi Dry during the Class Period for their personal use,  rather than for resale or distribution. Excluded from the California Class are  Defendant’s current or former officers, directors, and employees; counsel for  Plaintiff and Defendant; and the judicial officer to whom this lawsuit is assigned.  b.  The “Nationwide Class,” which consists of: All consumers in the United States and  its territories who purchased Asahi Dry during the Class Period for their personal  use, rather than for resale or distribution. Excluded from the Nationwide Class are  Defendant’s current or former officers, directors, and employees; counsel for  Plaintiff and Defendant; and the judicial officer to whom this lawsuit is assigned.  (Collectively referred to as the “Class”).    38.  Plaintiff incorporate by reference all allegations contained in the complaint as if  fully set forth herein.   39.  Plaintiff brings the following claim on behalf of the Nationwide Class, or in the  alternative, on behalf of the California Class.   40.  California Business & Professions Code section 17200 (“UCL”) prohibits any  “unlawful, unfair or fraudulent business act or practice.”     41.  The acts, omissions, misrepresentations, practices, and non-disclosures of  Defendant, as alleged herein, constitute “unlawful” business acts or practices in that they violate  the California False Advertising Law (“FAL”) and California Consumer Legal Remedies Act  (“CLRA”) as stated below.   42.  The false and misleading labeling of Asahi Dry, as alleged herein, also constitutes  “unfair” business acts or practices because such conduct is immoral, unscrupulous, and offends  public policy.  Further, the gravity of Defendant’s conduct outweighs any conceivable benefit of  such conduct.   43.  The acts, omissions, misrepresentations, practices, and non-disclosures of  Defendant as alleged herein constitute “fraudulent” business acts or practices, because  Defendant’s conduct is false and misleading to Plaintiffs and members of the Nationwide Class.   44.  Defendant leveraged its deception to induce Plaintiff and members of the  Nationwide Class to purchase products that were of lesser value and quality than advertised.    48.  Plaintiff incorporates by reference all allegations contained in the complaint as if  fully set forth herein.   49.  Plaintiff brings the following claim on behalf of the Nationwide Class, or in the  alternative, on behalf of the California Class.   50.  California False Advertising Law (Cal. Business & Professions Code  sections 17500 and 17508) prohibits “mak[ing] any false or misleading advertising claim.”    51.  As alleged herein, Defendant makes “false [and] misleading advertising claim[s],”  as it deceives consumers to believe that Asahi Dry is imported from Japan.   52.  In reliance on these false and misleading advertising claims, Plaintiff and members  of the Nationwide Class purchased Asahi Dry believing it was imported from Japan.     53.  Defendant knew or should have known that its labeling and marketing was likely to  deceive consumers.   55.  Plaintiff incorporates by reference all allegations contained in the complaint as if  fully set forth herein.   56.  Plaintiff brings the following claim on behalf of the Nationwide Class, or in the  alternative, on behalf of the California Class.   57.  The CLRA adopts a statutory scheme prohibiting various deceptive practices in  connection with the conduct of a business providing goods, property, or services primarily for  personal, family, or household purposes   6.  Imported beer is the fastest growing segment of the American beer market, nearly  doubling in market share during the 1990s.1   7.  Asahi currently markets and sells Asahi Dry throughout the United States.    Asahi Dry is Marketed and Advertised as Being Imported from Japan  