This case was last updated from U.S. District Courts on 11/22/2022 at 23:11:04 (UTC).

Evan Musa v. Ambrosia Nutraceuticals LLC

Case Summary

On June 6, 2022, Evan Musa (“Plaintiff”), on behalf of himself and all others similarly situated, represented by John R. Gustafson of Good Gustafson Aumais LLP, filed a personal injury lawsuit against Ambrosia Nutraceuticals, LLC (“Defendant”), seeking declaratory and injunctive relief for alleged deceptive and misleading business practices by Defendant. This case was filed in the U.S. District Court for the Central District of California with Judge Fred W. Slaughter and Judge John D. Early presiding.

In the complaint, the plaintiff stated, “In an attempt to capitalize on consumer demand for health-focused and ‘gluten free’ foods, Defendant sells its Planta products throughout the United States. However, as Defendant knows, its ‘gluten free’ products actually contain gluten. Thus, the statement on Defendant’s products’ labels and other forms of marketing that claim the products are ‘gluten free’ is false, misleading, and designed to deceive consumers into paying a price premium and choosing Defendant’s products over a competitor’s product.”

The plaintiff further stated “This action seeks to remedy the deceptive and misleading business practices of Defendant with respect to their marketing and sales of its Planta protein (hereinafter ‘Product’ or ‘Products’) throughout the United States of America. Building upon this deception by labeling and advertising the Products as ‘gluten free,’ Defendant creates the impression amongst reasonable consumers that the Products contain no gluten. However, this is not true, and Defendant fails to adequately inform consumers that the Products contain gluten.”

Plaintiff alleged, “Defendant literally covers up the Gluten Free claim with a removable sticker without alerting retailers, consumers, or regulators to its deception. Even worse, while the label is ‘covered up,’ Defendant continues to market the Products as gluten free despite being alerted by numerous consumers that they’ve been deceived. Reasonable consumers have been tricked, and continue to be tricked, while Defendant continues to profit from its deceptions.”

The plaintiff claimed, “These deceptive representations appear prominently on the Products’ label. For example, on the principal display panel of the Products, ‘Gluten Free’ is

featured prominently. Plaintiff and Class Members paid for the Products over and above comparable products that did not purport to be ‘Gluten Free.’ Given that Plaintiff and Class Members paid for the Products based on Defendant’s misrepresentations that they are ‘Gluten Free,’ Plaintiff and Class Members suffered an injury in the amount paid.”

The plaintiff alleged that “Plaintiff and Class Members paid a premium for the Products over and above comparable products that did not purport to be ‘Gluten Free.’ Given that Plaintiff and Class Members paid a premium for the Products based on Defendant’s misrepresentations that they are ‘Gluten Free,’ Plaintiff and Class Members suffered an injury in the amount of the premium paid.”

The plaintiff further alleged, “Defendant's conduct violated and continues to violate, inter alia, the consumer protection statutes of many states including, but not limited to, California and Florida. Defendant breached and continues to breach its express and implied warranties regarding the Products. Defendant has been and continue to be unjustly enriched.”

Plaintiff presented seven claims for relief. The first four claims related to the alleged violations of the State Consumer Protection Statutes, California’s Unfair Competition Law, pursuant to Cal. Bus. & Prof. Code §§ 1720, et seq., the False Advertising Law, Cal. Bus. & Prof. Code §§ 17500, et seq., and the Florida Deceptive and Unfair Trade Practices Act. The remaining claims related to the alleged breach of express warranty, the alleged breach of the implied warranty of merchantability, and unjust enrichment.

In its prayer for relief, the plaintiff requested declaratory and injunctive relief. The plaintiff also requested an award for compensatory damages, monetary damages, restitution or disgorgement, as well as pre- and post-judgment interest.

This is a summary of a legal complaint. All statements, claims, and allegations listed herein reflect the position of the plaintiff only and do not represent the position of UniCourt. Additionally, this case summary may not reflect the current position of the parties to this litigation or the current status of this case. To view the latest case updates and court documents, please sign up for a UniCourt account.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    8:22-CV-01330

  • Filing Date:

    07/18/2022

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Property - Personal Property Fraud

Judge Details

Presiding Judge

Fred W. Slaughter

Referral Judge

John D. Early

 

Party Details

Plaintiff

Evan Musa

Defendant

Ambrosia Nutraceuticals LLC

Attorney/Law Firm Details

Plaintiff Attorney

John Ryan Gustafson

Attorney at GoodGustafson LLP

2330 Westwood Boulevard Suite 103

Los Angeles, CA 90064

 

Court Documents

1 #1

Main Document

1 #1

Civil Cover Sheet

#2

(#2) NOTICE OF ASSIGNMENT to District Judge Fred W. Slaughter and Magistrate Judge John D. Early. (jtil) (Entered: 07/19/2022)

#3

(#3) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) (Entered: 07/19/2022)

#4

(#4) Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) (Entered: 07/19/2022)

#5

(#5) NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (jtil) (Entered: 07/19/2022)

#6

(#6) Notice Certification and Notice of Interested Parties filed by Plaintiff Evan Musa. (Gustafson, John) (Entered: 07/19/2022)

#7

(#7) CIVIL STANDING ORDER by Judge Fred W. Slaughter. (mku) (Entered: 07/20/2022)

#8

(#8) WAIVER OF SERVICE Returned Executed filed by Plaintiff Evan Musa. upon Ambrosia Nutraceuticals LLC waiver sent by Plaintiff on 8/19/2022, answer due 10/18/2022. Waiver of Service signed by Christopher Dean. (Gustafson, John) (Entered: 08/26/2022)

#9

(#9) NOTICE of Interested Parties filed by Plaintiff Evan Musa, (Gustafson, John) (Entered: 09/09/2022)

#10

(#10) First STIPULATION to Continue Responsive Pleading to Complaint from 10/18/2022 to 11/17/2022 Re: Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Evan Musa. (Attachments: #1 Proposed Order)(Gustafson, John) (Entered: 10/18/2022)

10 #1

Proposed Order

#11

(#11) ORDER GRANTING Parties' Stipulation to Extend Time to Respond to Complaint #10 by Judge Fred W. Slaughter that The time to answer, move, or otherwise respond to the Complaint #1 in the above-captioned matter is EXTENDED to and including 11/17/2022. (jp) (Entered: 10/19/2022)

#12

(#12) Notice filed by Plaintiff Evan Musa. of Settlement with Prejudice (Gustafson, John) (Entered: 11/17/2022)

#13

(#13) MINUTES (IN CHAMBERS) ORDER DISMISSING ACTION ON NOTICE OF VOLUNTARY DISMISSAL #12 by Judge Fred W. Slaughter. The Court, having been advised by the Plaintiff that this action has been resolved by a Notice of Voluntary Dismissal #12 , hereby orders this action dismissed with prejudice. The Court hereby orders all proceedings in the case vacated and taken off calendar. Any pending Order to Show Cause is hereby discharged. Case Terminated. Made JS-6. (rolm) (Entered: 11/19/2022)

3 More Documents Available
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Docket Entries

  • 11/18/2022
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  • Docket(#13) MINUTES (IN CHAMBERS) ORDER DISMISSING ACTION ON NOTICE OF VOLUNTARY DISMISSAL #12 by Judge Fred W. Slaughter. The Court, having been advised by the Plaintiff that this action has been resolved by a Notice of Voluntary Dismissal #12 , hereby orders this action dismissed with prejudice. The Court hereby orders all proceedings in the case vacated and taken off calendar. Any pending Order to Show Cause is hereby discharged. Case Terminated. Made JS-6. (rolm) (Entered: 11/19/2022)

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  • 11/17/2022
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  • Docket(#12) Notice filed by Plaintiff Evan Musa. of Settlement with Prejudice (Gustafson, John) (Entered: 11/17/2022)

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  • 10/18/2022
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  • Docket(#11) ORDER GRANTING Parties' Stipulation to Extend Time to Respond to Complaint #10 by Judge Fred W. Slaughter that The time to answer, move, or otherwise respond to the Complaint #1 in the above-captioned matter is EXTENDED to and including 11/17/2022. (jp) (Entered: 10/19/2022)

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  • 10/18/2022
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  • Docket(#10) First STIPULATION to Continue Responsive Pleading to Complaint from 10/18/2022 to 11/17/2022 Re: Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Evan Musa. (Attachments: #1 Proposed Order)(Gustafson, John) (Entered: 10/18/2022)

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  • 09/09/2022
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  • Docket(#9) NOTICE of Interested Parties filed by Plaintiff Evan Musa, (Gustafson, John) (Entered: 09/09/2022)

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  • 08/26/2022
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  • Docket(#8) WAIVER OF SERVICE Returned Executed filed by Plaintiff Evan Musa. upon Ambrosia Nutraceuticals LLC waiver sent by Plaintiff on 8/19/2022, answer due 10/18/2022. Waiver of Service signed by Christopher Dean. (Gustafson, John) (Entered: 08/26/2022)

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  • 07/20/2022
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  • Docket(#7) CIVIL STANDING ORDER by Judge Fred W. Slaughter. (mku) (Entered: 07/20/2022)

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  • 07/19/2022
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  • Docket(#6) Notice Certification and Notice of Interested Parties filed by Plaintiff Evan Musa. (Gustafson, John) (Entered: 07/19/2022)

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  • 07/19/2022
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  • Docket(#5) NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (jtil) (Entered: 07/19/2022)

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  • 07/19/2022
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  • Docket(#4) Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) (Entered: 07/19/2022)

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  • 07/19/2022
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  • Docket(#3) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) (Entered: 07/19/2022)

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  • 07/19/2022
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  • Docket(#2) NOTICE OF ASSIGNMENT to District Judge Fred W. Slaughter and Magistrate Judge John D. Early. (jtil) (Entered: 07/19/2022)

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  • 07/18/2022
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  • Docket(#1) COMPLAINT Receipt No: ACACDC-33650779 - Fee: $402, filed by Plaintiff Evan Musa. (Attachments: #1 Civil Cover Sheet) (Attorney John Ryan Gustafson added to party Evan Musa(pty:pla))(Gustafson, John) (Entered: 07/18/2022)

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