26.   Having heard about the benefits of kombucha drinks, and specifically that they are known  to contain beneficial probiotic bacteria, Plaintiff was looking to buy several kombucha drink  products for himself.   27.   Beginning in or around 2016, Plaintiff compared several different kombucha drinks,  including Defendant’s kombucha drink products at the Costco store located in Coeur d’Alene,  Idaho.   44.   Plaintiff hereby incorporates the above allegations by reference as though fully set forth  herein.   45.   Through its product labeling and advertising, Defendant expressly warranted to Plaintiff  and the other members of the Class and Subclass that its kombucha drink products contained  “billions” of probiotic bacteria.   46.   These affirmations of fact and promises regarding the probiotic content of its kombucha  drink products were part of the basis of the bargain between Defendant and Plaintiff and the  other members of the Class and Subclass.  Plaintiff and the other members of the Class and  Subclass would not have purchased the kombucha drink products that they bought, or would  have paid materially less for them, had they known that these affirmations and promises were  false.   50.   Plaintiff hereby incorporates the above allegations by reference as though fully set forth  herein.   51.   The implied warranty of merchantability is codified in Section 2-314 of the Uniform  Commercial Code (“UCC”) and requires that goods have to have adequate labeling and conform  to any promises or affirmations made on any product label.   59.   Plaintiff hereby incorporates the allegations set forth in Paragraphs 1–43 above.   60.   Plaintiff and the other members of the Class and Subclass conferred a benefit on  Defendant by purchasing its kombucha drink products.   61.   It is inequitable and unjust for Defendant to retain the revenues obtained from Plaintiff’s  and the other Class and Subclass members’ purchases of Defendant’s kombucha drink products  because Defendant knowingly misrepresented the qualities of its kombucha drink products and  Plaintiff and the other members of the Class and Subclass would not have purchased the products  that they bought, or would have paid materially less for them, had Defendant not made these  misrepresentations.   Breach of Express Warranty  (on behalf of the Class and the subclass)   Breach of Implied Warranty  (on behalf of the Class and Subclass)   COMPLAINT   Breach of Warranty  28 U.S.C. § 1332  Defendant is a manufacturer of various kombucha drink products that are sold in stores  across Oregon, Idaho, and elsewhere throughout the country.   Plaintiff is a frequent shopper at Costco and Fred Meyer stores, two stores that carry  kombucha drink products.   STOLL STOLL BERNE LOKTING & SHLACHTER P.C.  209 S.W. OAK STREET, SUITE 500  PORTLAND, OREGON 97204  Unjust Enrichment  (in the alternative to the First and Second Claims For Relief and  on behalf of the Class and Subclass)  