17.  Defendant manufactures, distributes, markets, and sells over-the-counter biotin  products.  This lawsuit concerns three of those products — Biotin 5000 mcg Fast Dissolve, Biotin  10,000 mcg Maximum Strength, and Biotin 10,000 mcg Fast Dissolve (collectively, “Biotin  Products”).  The Biotin Products are marketed as supplements with the purpose of providing  certain health benefits.   The Biotin Products are sold in major food, drug, and mass retail outlets  in the country including, but not limited to Costco and Walgreens. A single container of the  Biotin Products retails for approximately $6.00-$11.00.   The Uniform Health Benefits Message   18.  Throughout the relevant time period, Defendant has consistently conveyed the  health benefits message to consumers throughout California and the United States.   Consumer Exposure to the Health Benefits Message   20.  Plaintiff and Class members have been and will continue to be deceived or misled  by Defendant’s deceptive health benefit representations. Plaintiff and the Class members have  been damaged in their purchases of the Biotin Products and have been deceived into purchasing  the Biotin Products that they believed, based on Defendant’s representations, would provide them  health benefits, when, in fact, they do not.  22.  In the alternative, Plaintiff seeks certification of the following Class:  Multi-State Class Action   All consumers who, within the applicable statute of limitations   period until the date notice is disseminated, purchased Biotin Products  in California, Illinois, Massachusetts, Michigan, Minnesota, Missouri,   New Jersey, New York, and Washington.  Excluded from this Class are Defendant and its officers,   directors, employees and those who purchased Biotin Products   for the purpose of resale.    23.  In the alternative, Plaintiff seeks certification of the following Class:   California-Only Class Action  All California consumers who within the applicable statute of  limitations period until the date notice is disseminated, purchased  Biotin Products.  Excluded from this Class are Defendant and its officers, directors  and employees, and those who purchased Biotin Products for the  purpose of resale.   24.  Numerosity.  The members of the Classes are so numerous that joinder of all  members of the Classes is impracticable.  Plaintiff is informed and believes that the proposed  Classes contain thousands of purchasers of Biotin Products who have been damaged by  Defendant’s conduct as alleged herein.  The precise number of Class members is unknown to  Plaintiff.   26.  Typicality.  Plaintiff’s claims are typical of the claims of the members of the  Classes because, inter alia, all Class members were injured through the uniform misconduct  described above and were subject to Defendant’s deceptive health benefit representations on the  front of each and every Biotin Product container.  Plaintiff is also advancing the same claims and  legal theories on behalf of herself and all members of the Classes.     27.  Adequacy of Representation.  Plaintiff will fairly and adequately protect the  interests of the members of the Classes.  Plaintiff has retained counsel experienced in complex  consumer class action litigation, and Plaintiff intends to prosecute this action vigorously.  Plaintiff  has no adverse or antagonistic interests to those of the Classes.   29.  Plaintiff seeks preliminary and permanent injunctive and equitable relief on behalf  of the entire Classes, on grounds generally applicable to the entire Classes, to enjoin and prevent  Defendant from engaging in the acts described, and requiring Defendant to provide full restitution  to Plaintiff and Class members.   30.  Unless a Class is certified, Defendant will retain monies received as a result of its  conduct that were taken from Plaintiff and Class members.     31.  Unless an injunction is issued, Defendant will continue to commit the violations  alleged, and the members of the Classes and the general public will continue to be deceived.   32.  Plaintiff repeats and re-alleges the allegations contained in the paragraphs above,  as if fully set forth herein.   33.  Plaintiff brings this claim individually and on behalf of the Classes.   34.  As alleged herein, Plaintiff has suffered injury in fact and lost money or property  as a result of Defendant’s conduct because she purchased Defendant’s Biotin Product in reliance  on Defendant’s claim that the Biotin Product would provide her with health benefits, but did not  receive a Biotin Product that provided those benefits.      35.  Plaintiff suffered that injury at the time of her purchase, when she bought a  product that does not deliver the benefits Defendant promises.     37.  In the course of conducting business, Defendant committed “fraudulent business  act[s] or practices” and false, deceptive or misleading advertising by, inter alia, making the health  benefit representations (which also constitutes advertising within the meaning of §17200)  regarding the Biotin Products on the Biotin Products’ labeling, as set forth more fully herein.    38.  Defendant’s actions, claims and misleading statements, as more fully set forth  above, are false, misleading and/or likely to deceive the consuming public within the meaning of  Business & Professions Code §17200, et seq.   39.  Plaintiff and other members of the Classes have in fact been deceived as a result of  their reliance on Defendant’s material health benefit representations.  Plaintiff and the other Class  members have suffered injury in fact and lost money as a result of their purchase(s) of  Defendant’s Biotin Products that do not provide health benefits.    40.  Unless restrained and enjoined, Defendant will continue to engage in the above  described conduct.  Accordingly, injunctive relief is appropriate.   41.  Plaintiff, on behalf of herself, all others similarly situated, and the general public,  seeks restitution of all money obtained from Plaintiff and the members of the Classes collected as  a result of unfair competition, an injunction prohibiting Defendant from continuing such  practices, corrective advertising, and all other relief this Court deems appropriate, consistent with  Business & Professions Code §17203.  42.  Plaintiff repeats and re-alleges the allegations contained in the paragraphs above,  as if fully set forth herein.   43.  Plaintiff brings this claim individually and on behalf of the Nationwide and  California-Only Classes.   45.  Plaintiff is a consumer as defined by California Civil Code §1761(d). The Biotin  Products are “goods” within the meaning of the Act.   46.  Defendant violated and continues to violate the Act by engaging in the following  practices proscribed by California Civil Code §1770(a) in transactions with Plaintiff and the  Classes which were intended to result in, and did result in, the sale of the Biotin Products:  (5)  Representing that [the Biotin Products have] . . . characteristics, . . . uses [and]  benefits . . . which [they do] not have . . . .  *  *  *   47.  Pursuant to California Civil Code §1782(d), Plaintiff and the Classes seek a Court  order enjoining the above described wrongful acts and practices of Defendant and for restitution  and disgorgement.   48.  Pursuant to §1782 of the Act, Plaintiff notified Defendant in writing by certified  mail of the particular violations of §1770 of the Act and demanded that Defendant rectify the  problems associated with the actions detailed above and give notice to all affected consumers of  Defendant’s intent to so act.  A copy of the letter is attached hereto as Exhibit B.   49.  If Defendant fails to rectify or agree to rectify the problems associated with the  actions detailed above and give notice to all affected consumers within 30 days of the date of  written notice pursuant to §1782 of the Act, Plaintiff will amend this Complaint to add claims for  actual, punitive and statutory damages, as appropriate.   50.  Defendant’s conduct is fraudulent, wanton and malicious.   51.  Pursuant to §1780(d) of the Act, attached hereto as Exhibit C is the affidavit  showing that this action has been commenced in the proper forum.  The Biotin Products   Violations of the Consumers Legal Remedies Act – Civil Code §1750 et seq.  (On Behalf of the Nationwide and California-Only Classes)   Violation of Business & Professions Code §17200, et seq.  Fraudulent Business Acts and Practices   (On Behalf of the Nationwide, Multi-State, or California-Only Class)  