15.  At all relevant times, Defendant has marketed its Products in a  consistent and uniform manner.  Defendant sells the Products in all 50 states on its  website and through various distributors.  31.  Plaintiff brings this action individually and as representatives of all  those similarly situated, pursuant to Federal Rule of Civil Procedure 23, on behalf  of the below-defined Class:  National Class: All persons in the United States who purchased the  Products.   32.  In the alternative, Plaintiff brings this action on behalf of the following  State Class:  California State Subclass: All persons in the State of California who  purchased the Products.   43.  Plaintiff realleges and incorporates by reference the allegations  contained in Paragraphs 1 through 42, as though set forth fully herein.   44.  The UCL prohibits any “unlawful, unfair or fraudulent business act or  practice.” Cal. Bus. & Prof. Code § 17200.   57.  Plaintiff realleges and incorporates by reference paragraphs 1 through  42 as if fully set forth herein.   58.  The FAL provides that “[i]t is unlawful for any person, firm,  corporation or association, or any employee thereof with intent directly or indirectly  to dispose of real or personal property or to perform services” to disseminate any  statement “which is untrue or misleading, and which is known, or which by the  exercise of reasonable care should be known, to be untrue or misleading.”  Cal. Bus.  & Prof. Code § 17500.   66.  Plaintiff realleges and incorporates by reference paragraphs 1 through  42 as if fully set forth herein.   67.  The CLRA prohibits deceptive practices in connection with the conduct  of a business that provides goods, property, or services primarily for personal,  family, or household purposes.   73.  Plaintiff realleges and incorporates by reference paragraphs 1 through  42 as if fully set forth herein.   74.  Through the Products’ labels and advertising, Defendant made  affirmations of fact or promises, or description of goods, described above, which  were “part of the basis of the bargain,” in that Plaintiff and the Class purchased the  Products in reasonable reliance on those statements.  Cal. Com. Code § 2313(1).   75.  Defendant breached the express warranties by selling Products that do  not and cannot provide the promised benefits and moreover by selling Products that  are illegally labeled as dietary supplements.   76.  Plaintiff and the Class Members would not have purchased the Products  had they known the true nature of the Products’ ingredients and what the Products  contained and that the Products are illegally labeled as dietary supplements.   77.  That breach actually and proximately caused injury in the form of the  lost purchase price that Plaintiff and Class members paid for the Products.   80.  Plaintiff realleges and incorporates by reference paragraphs 1-42 as if  fully set forth herein.   81.  Defendant, through its acts and omissions set forth herein, in the sale,  marketing, and promotion of the Products, made representations to Plaintiff and the  Class that, among other things, the Products were labeled as legal dietary  supplements.    87.  Plaintiff realleges and incorporates by reference paragraphs 1-42 as if  fully set forth herein.   88.  Plaintiff brings this cause of action on behalf of the Nationwide Class  and/or the California State Subclass.   89.  Declaratory relief is intended to minimize “the danger of avoidable loss  and unnecessary accrual of damages.”  10B Charles Alan Wright, Arthur R. Miller  & Mary Kay Kane, Federal Practice and Procedure § 2751 (3d ed. 1998).    90.  Pursuant to 28 U.S.C. § 2201, et seq., there is an actual controversy  between Defendant and Plaintiff concerning whether:   a. Defendant has misrepresented the nature, ingredients and effectiveness  of the Products; and   b. Defendant knew or should have known of the misrepresentations  regarding the efficacy of the Products.   91.  Pursuant to 28 U.S.C. § 2201, the Court may “declare the rights and  legal relations of any interested party seeking such declaration, whether or not  further relief is or could be sought.”    Breach of Express Warranties  Cal. Com. Code § 2313(1)  (On Behalf of the California State Subclass)   Breach of Implied Warranty of Merchantability  Cal. Com. Code § 2314  (On Behalf of the California State Subclass)   California’s False Advertising Law  Cal. Bus. & Prof. Code § 17500 (“FAL”)  (On Behalf of the California State Subclass)   California’s Unfair Competition Law  Cal. Bus. & Prof. Code § 17200 et seq.  (“UCL”)  (On Behalf of the California State Subclass)   California’s Consumer Legal Remedies Act  Cal. Civ. Code § 1750 et seq. (“CLRA”)  (On Behalf of the California State Subclass)   Declaratory Relief Under the Declaratory Judgment Act   (On Behalf of the Nationwide Class or,  Alternatively, the California State Subclass)  