(CALIFORNIA CLASS)  (Violation of California Business & Professions Code §§ 17200 et seq. –    Unlawful Conduct Prong of the UCL)  126.  Plaintiff incorporates all preceding paragraphs.  127.  California Business & Professions Code section 17200 (“UCL”) prohibits any  “unlawful, unfair or fraudulent business act or practice.”    128.  Defendant’s representations and omissions are “unlawful” because they violate the  Federal Food, Drug, and Cosmetic Act (“FFDCA”) and its implementing regulations, including:   (ON BEHALF OF THE CALIFORNIA CLASS)  (Violation of California Business & Professions Code §§ 17500, et seq. –   False and Misleading Advertising)  147.  Plaintiff incorporates all preceding paragraphs.  148.  California False Advertising Law (Cal. Business & Professions Code sections 17500  and 17508) prohibits “mak[ing] any false or misleading advertising claim.”   149.  Defendant makes “false [and] misleading advertising claim[s],” by deceiving  consumers as to the absolute and relative amounts of vanilla and natural ingredients in the Product.  150.  In reliance on these false and misleading advertising claims, Plaintiff and class  members purchased and consumed the Product without the knowledge it contained a de minimis  amount of natural vanilla and a substantial amount of non-vanilla flavors, including from synthetic  sources.  151.  Defendant knew or should have known that its representations and omissions were  likely to deceive consumers.  152.  As a result, Plaintiff and class members are entitled to injunctive and equitable relief,  restitution, and an seek an order for the disgorgement of the funds by which Defendant was unjustly  enriched.  1. 21 U.S.C. § 343, which deems food misbranded when the label contains a statement  that is “false or misleading in any particular,” with “misleading” defined to “take[]  into account (among other things) not only representations made or suggested by  statement, word, design, device, or any combination thereof, but also the extent to  which the labeling or advertising fails to reveal facts material”;   2. 21 U.S.C. § 321(n), which states the nature of a false and misleading advertisement;   3. 21 C.F.R. § 101.18(b), which prohibits true statements about food ingredients and  descriptions that are misleading in light of the presence of other ingredients;  