21.  Plaintiff incorporates the foregoing paragraphs as if fully restated  herein.   22.  Plaintiff Olvera reviewed the Product’s label, nutritional label,  supplement facts and marketing material prior to purchasing the Product.   23.  Defendant provides retailers such as BB with label images and  marketing materials.   24.  Plaintiff Olvera reasonably relied on the information provided by  Defendant when making the decision to purchase the Product.   25.  Plaintiff would have purchased another Pre-Workout product, if any at  all, if she was made aware of the presence of an illegal methamphetamine analog  in the Product.   26.  On information and belief, Defendant has intentionally manufactured  the Product to contain a methamphetamine analog, N,α-diethylphenylethylamine  (N,α-DEPEA).   27.  “The supplement is labeled as containing a dendrobiumorchid extract  comprising several phenylethylamines including N,N-diethyl-phenylethylamine  Case3:13-cv-04830-JSC   Document1   Filed10/17/13   Page5 of 20 40.  Plaintiff incorporates the foregoing paragraphs as if fully restated  herein.   41.  Plaintiff brings this action on his own behalf and as a Class Action  Pursuant to Rule 23 of the Federal Rules of Civil Procedure.  Plaintiff seeks  certification of the following Class:  California Class: All Persons in the State of California who  have spent money purchasing the Product from four years  Case3:13-cv-04830-JSC   Document1   Filed10/17/13   Page8 of 20 49.  Plaintiff incorporates the foregoing paragraphs as if fully restated  herein.   50.  Cal. Bus. & Prof. Code § 17200 prohibits any “unlawful, unfair or  fraudulent business act or practice.”   51.  The acts, omissions, misrepresentations, practices, and non- disclosures of Defendant as alleged herein constitute “unlawful” business acts and  practices in that Defendants’ conduct violates the False Advertising Law and the  Consumer Legal Remedies Act.   52.  Defendant’s conduct is further “unlawful” because it violates the  Federal Food, Drug, and Cosmetic Act and its implementing regulations in at least  the following ways:  (1)  Defendant’s deceptive statements violate 21 U.S.C. § 343(a),  which deems food (including nutritional supplements) misbranded  when the label contains a statement that is “false or misleading in any  particular”;  (2)   Defendant’s deceptive statements violate 21 C.F.R. §  101.14(b)(3(i), which mandates “substances” in dietary supplements  consumed must contribute and retain “nutritional value” as defined  Case3:13-cv-04830-JSC   Document1   Filed10/17/13   Page12 of 20 58.  Plaintiff incorporates the foregoing paragraphs as if fully restated  herein.   59.  This cause of action is brought pursuant to California’s Consumers  Legal Remedies Act, Cal. Civ. Code § 1750, et. seq (the “CLRA”).   60.  Plaintiff is a consumer as defined by the CLRA.   61.  Defendant is a supplier or seller as defined by the CLRA.   62.  Defendant’s conduct described herein involves consumer transactions  as defined in CLRA.   63.  Plaintiff is further given the rights to bring the suit himself under Civ.  Code § 1780 and on behalf of the class under § 1781.  Case3:13-cv-04830-JSC   Document1   Filed10/17/13   Page14 of 20 71.  Plaintiff incorporates the foregoing paragraphs as if fully restated  herein.   72.  Bus. & Prof. Code § 17500, et seq. (the “FAL”) provides, in pertinent  part:  “It is unlawful for any … corporation… with intent  or indirectly to dispose of real or personal  property… or anything of any nature whatsoever or  to induce the public to enter into any obligation  relating thereto, to make or disseminate or cause to  be made or disseminated before the public in this  state, or to make or disseminate or cause to be made  or disseminated from this state before the public in  any state, in any newspaper or other publication, or  any  advertising  device,  …  any  statement,  concerning that real or personal property… or  concerning any circumstance or matter of fact  connected with the proposal…disposition thereof,  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… or … to so  make or disseminate or cause to be so made or  disseminated any such statement as part of a plan or  scheme with the intent not to sell that personal  property… so advertised… as so advertised.”  Case3:13-cv-04830-JSC   Document1   Filed10/17/13   Page17 of 20 Violation of California Legal Remedies Act  Cal. Civ. Code § 1750 et seq.  (On Behalf of Plaintiff and the Class Against Defendant)   Violation of California Business and Professions  Code § 17200 et seq.  (On Behalf of Plaintiff and the Class Against Defendant)   Violation of the False Advertising Law, Business and Professions  Code Sections 17500 et seq.  (On Behalf of Plaintiff and the Class Against Defendant)  