13.  The name “kombucha” comes from the common name for what is essentially a  fermented tea drink.  Kombucha, including O Organics Kombucha, is made of tea that ferments for  up to a month while a “blob” of bacteria known as “scoby” (for symbiotic colony of bacteria and  yeast) floats on top.  The scoby then “eats” the sugar, acids, and caffeine in the tea, creating a  cocktail of live microorganisms.  Basic chemistry explains that the scoby converts the sugar into  carbon dioxide and alcohol.   32.  Plaintiff brings this action as a class action under Federal Rule of Civil Procedure 23  on behalf of a Class consisting of all persons in the United States who purchased O Organics  Kombucha beverages.   33.  Plaintiff also seek to represent a subclass defined as all members of the Class who  purchased O Organics Kombucha in California (the “California Subclass”).   34.  Plaintiff reserves the right to amend or modify the Class definition with greater  specificity or further division into subclasses or limitation to particular issues as discovery and the  orders of this Court warrant.   43.  Plaintiff hereby incorporates by reference the allegations contained in all preceding  paragraphs of this complaint.   44.  Plaintiff brings this claim individually and on behalf of members of the proposed  Class against Defendants.  Plaintiff also brings this claim individually and on behalf of members of  the proposed California Subclass against Defendants.   45.  Plaintiff and Class members are consumers who purchased O Organics Kombucha  for personal, family or household purposes.  Plaintiff and the Class are “consumers” as that term is  defined by the CLRA in Cal. Civ. Code § 1761(d).     46.  Plaintiff and the Class members are not experts with the independent knowledge of  the nature, level, or amount of alcohol and sugar found in O Organics Kombucha or kombucha  beverages generally.  Plaintiff and the Class members are not experts with the independent  knowledge of the fermentation process or alcohol level of O Organics Kombucha or kombucha  beverages generally.  Plaintiff and the Class acted reasonably when they purchased O Organics  Kombucha based on their belief that Defendants’ representations were true and lawful.   57.  Plaintiff hereby incorporate by reference the allegations contained in all preceding  paragraphs of this complaint.   58.  Plaintiff brings this claim individually and on behalf of the members of the  proposed Class against Defendants.  Plaintiff also brings this claim individually and on behalf of  members of the proposed California Subclass against Defendants.   59.  Defendants are subject to California’s Unfair Competition Law, Cal. Bus. & Prof.  Code §§ 17200, et seq.  The UCL provides, in pertinent part: “Unfair competition shall mean and  include unlawful, unfair or fraudulent business practices and unfair, deceptive, untrue or  misleading advertising ….”   67.  Plaintiff hereby incorporates by reference the allegations contained in all preceding  paragraphs of this complaint.   68.  Plaintiff brings this claim individually and on behalf of the members of the  proposed Class against Defendants.  Plaintiff also brings this claim individually and on behalf of  the members of the proposed California Subclass against Defendants.   76.  Plaintiff brings this claim individually and on behalf of the members of the  proposed Class against Defendants.  Plaintiff also brings this claim individually and on behalf of  the members of the proposed California Subclass against Defendants.   77.  In connection with the sale of O Organics Kombucha, Defendants issue an express  warranty that O Organics Kombucha contain a specified amount of grams of sugar per serving.   Defendants also issue an express warranty that O Organics Kombucha “CONTAINS LESS THAN  81.  Plaintiff brings this claim individually and on behalf of the members of the  proposed Class against Defendants.  Plaintiff also brings this claim individually and on behalf of  the members of the proposed California Subclass against Defendants.   88.  Plaintiff bring this claim individually and on behalf of the members of the proposed  Class against Defendants.  Plaintiff also brings this claim individually and on behalf of the  members of the proposed California Subclass against Defendants.   89.  As discussed above, Defendants misrepresented that O Organics Kombucha was a  non-alcoholic beverage and that O Organics Kombucha only had specified amounts of grams of  sugar per serving, when, in fact, O Organics Kombucha is an alcoholic beverage and contains  significantly more sugar (about 40 percent more) than advertised.   90.  At the time Defendants made these representations, Defendants knew or should  have known that these representations were false or made them without knowledge of their truth or  veracity.   91.  At an absolute minimum, Defendants negligently misrepresented and/or negligently  omitted material facts about O Organics Kombucha.   92.  The negligent misrepresentations and omissions made by Defendants, upon which  Plaintiff and Class members reasonably and justifiably relied, were intended to induce and actually  induced Plaintiffs and Class members to purchase O Organics Kombucha.   93.  Plaintiff and Class members would not have purchased O Organics Kombucha, or  would not have purchased the products on the same terms, if the true facts had been known.   94.  The negligent actions of Defendants caused damage to Plaintiff and Class members,  who are entitled to damages and other legal and equitable relief as a result.  Breach of Express Warranty   Breach of Implied Warranty of Merchantability   Fraud   Negligent Misrepresentation   Unjust Enrichment   Violation of California’s Unfair Competition Law,  California Business & Professions Code §§ 17200, et seq.   Violation of California’s Consumers Legal Remedies Act,  California Civil Code §§ 1750, et seq.  (Injunctive Relief Only)   Violation of California’s False Advertising Law,  California Business & Professions Code §§ 17500, et seq.  