This case was last updated from U.S. District Courts on 01/30/2022 at 07:04:15 (UTC).

Canaday v. The Procter & Gamble Company

Case Summary

On December 1, 2021, Haley Canaday (“Plaintiff”), on behalf of herself and all others similarly situated, represented by George Volney Granade II of Reese LLP, filed a personal property fraud lawsuit against The Procter & Gamble Company (“Defendant”), seeking declaratory relief and injunctive relief along with damages among other relief for the alleged manufacture and selling of product that contain benzene. This case was filed in the United States District Court in the Southern District of California with Judges Anthony J. Battaglia and Jill L. Burkhardt presiding.

In the complaint, Plaintiff alleged that, “This is a proposed class action complaint brought on behalf of a Class, as defined below, of California consumers who purchased aerosol antiperspirant products manufactured, marketed, advertised, sold and labeled by Defendant under the brand names “Secret” and “Old Spice” and “Defendant failed inform Plaintiff and the Class members that the Products are benzene, a known carcinogen. Making matters worse, Defendant discloses some ingredients, but failed to disclose the presence of benzene” and “Defendant has profited enormously from its false and misleading marketing of the Products. Consumers either would not have purchased the Products had they known they contain benzene or would have purchased less expensive products.”

Plaintiff also alleged that, “In making the false, misleading, and deceptive representations and omissions described herein, Defendant knew and intended that consumers would pay for, and/or pay a premium for, Products that did not disclose that they contain benzene” and “As an immediate, direct, and proximate result of Defendant’s false, misleading, and deceptive representations and omissions, Defendant injured Plaintiff and the Class members” and “Had Defendant not made the false, misleading, and deceptive representations and omissions, Plaintiff and the Class members would not have been willing to pay the same amount for the Products they purchased, and/or Plaintiff and the Class members would not have been willing to purchase the Products at all.”

Plaintiff further alleged that, “Plaintiff and the Class members paid for Products that did not contain benzene but received Products that contained benzene. The Products Plaintiff and the Class members received were worth less than the Products for which they paid” and “Based on Defendant’s misleading and deceptive representations, Defendant was able to, and did, charge a premium price for the Products over the cost of competitive products that did not contain benzene.”

There are three claims of relief laid down by Plaintiff. The first claim is for the alleged violation of the Unfair Competition Law, California Bus. & Prof. Code § 17200 et seq. The second claim is for the alleged violation of the Consumers Legal Remedies Act California Civ. Code § 1750 et seq. The third claim is for the alleged violation of the False Advertising Law, California Bus. & Prof. Code § 17500 et seq. 

In the prayer for relief, Plaintiff requested the court to certify this action as a class action. Further, Plaintiff requested the court for declaratory relief and injunctive relief along with damages including statutory damages; monetary damages, including but not limited to any compensatory, incidental, or consequential damages; punitive or exemplary damages along with reasonable costs and expenses of the suit including attorneys’ fees and pre- and post-judgement interest and any other relief the court deems just.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-02024

  • Filing Date:

    12/01/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Personal Property Fraud

Judge Details

Referral Judge

Jill L. Burkhardt

Presiding Judge

Jinsook Ohta

 

Party Details

Plaintiff

Haley Canaday

Defendant

The Procter & Gamble Company

Attorney/Law Firm Details

Plaintiff Attorney

George Volney Granade, II

Defendant Attorney

Amy S. Heath

 

Court Documents

1 #1

Main Document

1 #1

Civil Cover Sheet

#2

(#2) Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (axc) (rmc). (Entered: 12/02/2021)

#3

(#3) WAIVER OF SERVICE Returned Executed by Haley Canaday, as to The Procter & Gamble Company. (Granade, George)(jrm). (Entered: 12/04/2021)

#4

(#4) NOTICE of Appearance by Amy S. Heath on behalf of The Procter & Gamble Company (Heath, Amy)Attorney Amy S. Heath added to party The Procter & Gamble Company(pty:dft)(jrm). (Entered: 12/06/2021)

#5

(#5) Corporate Disclosure Statement by The Procter & Gamble Company. No Corporate Parents/Interested Parties. (Heath, Amy)(jrm). (Entered: 12/06/2021)

6 #6

Main Document

6 #1

Brief in Support of Motion to Transfer

6 #2

Schedule of Actions

6 #3

Certificate of Service

#10

(#10) Joint MOTION to Stay Case Pending Judicial Panel on Multidistrict Litigation's Resolution of Pending Motion to Transfer by The Procter & Gamble Company. (Heath, Amy) (axc). (Entered: 01/04/2022)

#11

(#11) ORDER OF TRANSFER: This case is transferred from the calendar of the Honorable Janis L. Sammartino to the calendar of the Honorable Jinsook Ohta. All dates currently set before Judge Sammartino are vacated and will be reset by Judge Ohta. Dates before the Magistrate Judge are unaffected by this Order. The new case number is 21cv2024 JO (JLB). Signed by Judge Janis L. Sammartino on 01/04/2022.(jcj) (Entered: 01/05/2022)

 

Docket Entries

  • 01/14/2022
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  • Docket(#12) ORDER granting #10 Motion to Stay. Case stayed until the Judicial Panel on Multidistrict Litigation resolves the pending motion to transfer in In re Proctor & Gamble Aerosol Products Marketing & Sales Practices Litigation, MDL No. 3025. The Court ORDERS that all deadlines, including Defendant's obligation to respond to the Complaint, are VACATED. The Court VACATES the briefing schedule and hearing date set in Docket no. 7. The Court further ORDERS that Docket no. 6, which is currently docketed as a motion pending before this Court, be DENIED WITHOUT PREJUDICE to refiling if the stay is lifted. Finally, the Court ORDERS the parties to file a joint status report within fourteen (14) days of the JPML's ruling on the motion to transfer. Signed by Judge Jinsook Ohta on 01/14/2022. (no document attached) (mec) (Entered: 01/14/2022)

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  • 01/04/2022
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  • Docket(#11) ORDER OF TRANSFER: This case is transferred from the calendar of the Honorable Janis L. Sammartino to the calendar of the Honorable Jinsook Ohta. All dates currently set before Judge Sammartino are vacated and will be reset by Judge Ohta. Dates before the Magistrate Judge are unaffected by this Order. The new case number is 21cv2024 JO (JLB). Signed by Judge Janis L. Sammartino on 01/04/2022.(jcj) (Entered: 01/05/2022)

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  • 01/04/2022
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  • Docket(#10) Joint MOTION to Stay Case Pending Judicial Panel on Multidistrict Litigation's Resolution of Pending Motion to Transfer by The Procter & Gamble Company. (Heath, Amy) (axc). (Entered: 01/04/2022)

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  • 12/17/2021

  • Docket(#9) MINUTE ORDER OF RECUSAL. Judge John A. Houston is no longer assigned. Case reassigned to Judge Janis L. Sammartino for all further proceedings. Pending hearings previously set before the original Judge have been transferred to the newly assigned Judge. The new case number is 21cv2024-JLS-JLB.(no document attached) (sjt) (Entered: 12/17/2021)

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  • 12/14/2021

  • Docket(#8) MINUTE ORDER OF TRANSFER. Judge Anthony J. Battaglia is no longer assigned. Case reassigned to Judge John A. Houston for all further proceedings. The new case number is 21cv2024-JAH-JLB.(no document attached) (dsn) (Entered: 12/14/2021)

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  • 12/13/2021
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  • Docket(#7) ORDER BY JUDGE BATTAGLIA: Setting motion hearing and briefing schedule re #6 Motion to Transfer : Responses due by 12/27/2021; Replies due by 1/3/2022; sur-replies will not be accepted. Motion Hearing set for 2/24/2022 at 2:00 PM in Courtroom 4A before Judge Anthony J. Battaglia. Counsel is reminded to follow Judge Battaglia's Chambers Rules regarding obtaining a motion hearing date prior to filing.(no document attached) (sc) (Entered: 12/13/2021)

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  • 12/13/2021
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  • Docket(#6) NOTICE of Motion to Transfer Filed with Judicial Panel on Multidistrict Litigation by The Procter & Gamble Company (Attachments: #1 Brief in Support of Motion to Transfer, #2 Schedule of Actions, #3 Certificate of Service)(Heath, Amy) Modified event on 12/13/2021 (jrm). (Entered: 12/13/2021)

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  • 12/06/2021
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  • Docket(#5) Corporate Disclosure Statement by The Procter & Gamble Company. No Corporate Parents/Interested Parties. (Heath, Amy)(jrm). (Entered: 12/06/2021)

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  • 12/06/2021
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  • Docket(#4) NOTICE of Appearance by Amy S. Heath on behalf of The Procter & Gamble Company (Heath, Amy)Attorney Amy S. Heath added to party The Procter & Gamble Company(pty:dft)(jrm). (Entered: 12/06/2021)

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  • 12/04/2021
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  • Docket(#3) WAIVER OF SERVICE Returned Executed by Haley Canaday, as to The Procter & Gamble Company. (Granade, George)(jrm). (Entered: 12/04/2021)

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  • 12/02/2021
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  • Docket(#2) Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (axc) (rmc). (Entered: 12/02/2021)

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  • 12/01/2021
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  • Docket(#1) COMPLAINT with Jury Demand against The Procter & Gamble Company ( Filing fee $ 402 receipt number ACASDC-16366923.), filed by Haley Canaday. (Attachments: #1 Civil Cover Sheet)The new case number is 3:21-cv-2024-AJB-JLB. Judge Anthony J. Battaglia and Magistrate Judge Jill L. Burkhardt are assigned to the case. (Granade, George)(axc) (Entered: 12/02/2021)

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