In a class action lawsuit against General Nutrition Companies (GNC) involving over-the-counter sales of products containing anabolic steroids, brought under the Unfair Competition Law (UCL) and the Consumer Legal Remedies Act (CLRA), trial court’s denial of motion to certify is reversed where: 1) plaintiff’s UCL claim presents two predominant issues, both of which are common to the class; and 2) the damage that a plaintiff in a CLRA action must show is any damage which is not synonymous with actual damages and may encompass harms other than pecuniary damages, and here, the damage plaintiff alleged in the case is that, in reliance on GNC’s deceptive conduct, he bought an illegal product he would not have bought had he known it was illegal.
Read Steroid Hormone Product Cases, No. B211968 [HTML]
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Appellate Information
Filed January 21, 2010
Judges
Opinion by Judge Willhite
CounselFor Appellant: Cohelan & Khoury, Timothy D. Cohelan and Isam C. Khoury; Clark & Markham, James M. Treglio and David R. Markham
For Appellee: Orrick, Herrington & Sutcliffe, Kathleen D. Patterson and Rocky C. Tsai; McGuireWoods and Gordon W. Schmidt
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