This case was last updated from U.S. District Courts on 01/20/2023 at 10:11:16 (UTC).

Murphy et al v. Olly Public Benefit Corporation

Case Summary

On June 24, 2022, Hope Murphy and Carol Lesh (collectively, “Plaintiffs”), individually and on behalf of all others similarly situated, represented by Joanne Bui, Jonas Jacobson, and Simon C. Franzini of Dovel & Luner LLP, filed a product liability lawsuit against Olly Public Benefit Corporation (“Defendant”), seeking injunctive relief and damages for alleged misrepresentation of a product. This case was filed in the U.S. District Court for the Northern District of California, with Judge Charles R. Breyer presiding.

In the complaint, the plaintiffs alleged, “Melatonin is a neurohormone that regulates the brain’s sleep cycle. Millions of consumers take over-the-counter melatonin supplements to help them sleep. Because melatonin alters brain chemistry, it is important that these supplements are accurately dosed and labelled.”

The plaintiffs then alleged, “Olly is a major U.S. brand of melatonin supplements, sold nationwide at retailers like Walmart, Whole Foods, and Target. Each bottle claims to have a specific dose of melatonin per serving.”

Plaintiffs further alleged that “Plaintiffs bought Olly melatonin and trusted the accuracy of Olly’s dosing and labelling. To determine how much melatonin is really in Olly, a university mass-spectrometry laboratory tested multiple bottles, including Plaintiffs’ bottles. The results were alarming—all bottles were substantially (and seemingly randomly) overdosed. The true amount of melatonin was 165% to 274% of the amount claimed.”

The plaintiffs also alleged, “Olly systematically misrepresents how much melatonin is in the supplements it sells. Consumers are being misled, overcharged, and put at risk.”

Plaintiffs then alleged, “By selling a melatonin supplement for sleep (i.e., a supplement that alters brain chemistry), Olly is representing to consumers that its products are accurately dosed and labelled. When a consumer picks up a bottle of Olly Melatonin, they reasonably expect that it actually has the dosage for which Olly designed the recommended serving. No reasonable consumer expects that a melatonin supplement has a random and substantial overdose of melatonin, compared to what it is supposed to have.”

Additionally, the plaintiffs alleged, “At a bare minimum, reasonable consumers would expect that if the true amount of melatonin in Olly’s supplements was substantially (and randomly) higher than the listed amount, Olly would prominently disclose this fact. Consumers do not know the accuracy of Olly’s dosing—that is exclusively within Olly’s knowledge.”

Plaintiffs also alleged, “The inaccurate dosing and labelling of Olly Melatonin is highly material to reasonable consumers. Consumers need melatonin supplements to be accurately dosed and labelled, so that consumers aren’t unknowingly ingesting more neurohormone than they intend to take. No reasonable consumer wants to buy and ingest a supplement containing a random, undisclosed amount of melatonin. No reasonable consumer wants a product that even has a material risk of such problems.”

The plaintiffs further alleged that “Plaintiffs want Olly to fix its manufacturing practices and sell its melatonin products with accurate dosing and labelling. If Olly fixes its products, so that they are accurately dosed and labelled, Plaintiffs would buy them again.”

Plaintiffs presented four claims for relief, including for alleged violation of State Consumer Protection Acts, violation of California’s Unfair Competition Law, violation of California’s False Advertising Law, and unjust enrichment.

In the prayer for relief, the plaintiffs requested a judgment for injunctive relief. The plaintiffs also requested an award for damages, restitution, and disgorgement together with costs of litigation. 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:22-CV-03760

  • Filing Date:

    06/24/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Product Liability

Judge Details

Presiding Judge

Charles R. Breyer

 

Party Details

Plaintiffs

Hope Murphy

Carol Lesh

Emily Jiang

Defendant

Olly Public Benefit Corporation

Attorney/Law Firm Details

Plaintiff Attorneys

Jonas Jacobson

Attorney at Dovel and Luner, LLP

201 Santa Monica Boulevard, Suite 600

Santa Monica, CA 90401

Joanne Bui

Attorney at Dovel & Luner

201 Santa Monica Blvd, Ste #600

Santa Monica, CA 90401

Simon Carlo Franzini

Attorney at Dovel & Luner, LLP

201 Santa Monica Boulevard, Suite 600

Santa Monica, CA 90401

Defendant Attorneys

Claudia Maria Vetesi

Attorney at Morrison & Foerster LLP

425 Market Street

San Francisco, CA 94105

Lydia Davenport

Attorney at Morrison & Foerster LLP

425 Market Street

San Francisco, CA 94105

Nicole V. Ozeran

Attorney at Morrison & Foerster LLP

707 Wilshire Boulevard, Suite 6000

Los Angeles, CA 90017-3543

 

Court Documents

#41

(#41) ORDER by Judge Charles R. Breyer granting in part and denying in part #30 Motion to Dismiss. (crblc1, COURT STAFF) (Filed on 1/17/2023) (Entered: 01/17/2023)

#39

(#39) REPLY (re #30 MOTION to Dismiss Plaintiffs' Second Amended Complaint ) filed byOlly Public Benefit Corporation. (Vetesi, Claudia) (Filed on 12/21/2022) (Entered: 12/21/2022)

#38

(#38) NOTICE of Appearance by Joanne Bui (Bui, Joanne) (Filed on 12/13/2022) (Entered: 12/13/2022)

#36

(#36) Statement of Non-Opposition re #31 Request for Judicial Notice, filed byEmily Jiang, Carol Lesh, Hope Murphy. (Related document(s) #31 ) (Jacobson, Jonas) (Filed on 11/30/2022) (Entered: 11/30/2022)

31 #1

Proposed Order Granting Request for Judicial Notice

31 #31

Main Document

30 #2

Proposed Order Granting Motion to Dismiss

30 #1

Declaration of Claudia M. Vetesi

30 #30

Main Document

#9

(#9) NOTICE of Appearance by Claudia Maria Vetesi on behalf of Defendant Olly Public Benefit Corporation (Vetesi, Claudia) (Filed on 7/22/2022) (Entered: 07/22/2022)

#8

(#8) SUMMONS Returned Executed by Hope Murphy, Carol Lesh. Olly Public Benefit Corporation served on 7/1/2022, answer due 7/22/2022. (Jacobson, Jonas) (Filed on 7/6/2022) (Entered: 07/06/2022)

#7

(#7) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Carol Lesh, Hope Murphy.. (Jacobson, Jonas) (Filed on 6/28/2022) (Entered: 06/28/2022)

#6

(#6) Summons Issued as to Olly Public Benefit Corporation. (slh, COURT STAFF) (Filed on 6/27/2022) (Entered: 06/27/2022)

#5

(#5) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/28/2022. Initial Case Management Conference set for 10/5/2022 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (slh, COURT STAFF) (Filed on 6/27/2022) (Entered: 06/27/2022)

#3

(#3) CERTIFICATION OF INTERESTED ENTITIES OR PERSONS filed by Carol Lesh, Hope Murphy (Jacobson, Jonas) (Filed on 6/24/2022) (Entered: 06/24/2022)

#2

(#2) Proposed Summons. (Jacobson, Jonas) (Filed on 6/24/2022) (Entered: 06/24/2022)

1 #1

Civil Cover Sheet

1 #1

Main Document

39 More Documents Available
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Docket Entries

  • 01/17/2023
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  • Docket(#41) ORDER by Judge Charles R. Breyer granting in part and denying in part #30 Motion to Dismiss. (crblc1, COURT STAFF) (Filed on 1/17/2023) (Entered: 01/17/2023)

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  • 01/12/2023
  • Docket(#40) CLERK'S NOTICE VACATING MOTION TO DISMISS HEARING set for January 13, 2023 before the Honorable Charles R. Breyer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ls, COURT STAFF) (Filed on 1/12/2023) (Entered: 01/12/2023)

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  • 12/21/2022
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  • Docket(#39) REPLY (re #30 MOTION to Dismiss Plaintiffs' Second Amended Complaint ) filed byOlly Public Benefit Corporation. (Vetesi, Claudia) (Filed on 12/21/2022) (Entered: 12/21/2022)

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  • 12/13/2022
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  • Docket(#38) NOTICE of Appearance by Joanne Bui (Bui, Joanne) (Filed on 12/13/2022) (Entered: 12/13/2022)

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  • 12/12/2022
  • Docket(#37) CLERK'S NOTICE RE: MOTION to Dismiss Plaintiffs' Second Amended Complaint. (This is a text-only entry generated by the court. There is no document associated with this entry.). Motion Hearing set for 1/13/2023 at 10:00 AM in San Francisco - Videoconference Only before Judge Charles R. Breyer. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/crb Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participati ng in the argument at the hearing. A list of names and emails must be sent to the CRD at crbcrd@cand.uscourts.gov no later than January 10, 2023 at 3:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Motion Hearing set for 1/13/2023 10:00 AM in San Francisco, - Videoconference Only before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 12/12/2022) (Entered: 12/12/2022)

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  • 11/30/2022
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  • Docket(#36) Statement of Non-Opposition re #31 Request for Judicial Notice, filed byEmily Jiang, Carol Lesh, Hope Murphy. (Related document(s) #31 ) (Jacobson, Jonas) (Filed on 11/30/2022) (Entered: 11/30/2022)

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  • 11/30/2022
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  • Docket(#35) OPPOSITION/RESPONSE (re #30 MOTION to Dismiss Plaintiffs' Second Amended Complaint ) filed byEmily Jiang, Carol Lesh, Hope Murphy. (Attachments: #1 Proposed Order)(Jacobson, Jonas) (Filed on 11/30/2022) (Entered: 11/30/2022)

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  • 11/28/2022
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  • Docket(#34) STIPULATION AND ORDER RE PAGE ENLARGEMENT by Judge Charles R. Breyer: Granting #33 Stipulation. (ls, COURT STAFF) (Filed on 11/28/2022) (Entered: 11/28/2022)

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  • 11/22/2022
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  • Docket(#33) STIPULATION WITH PROPOSED ORDER Re: Page Enlargements filed by Emily Jiang, Carol Lesh, Hope Murphy. (Jacobson, Jonas) (Filed on 11/22/2022) (Entered: 11/22/2022)

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  • 11/08/2022
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  • Docket(#32) Correction of Opposition/Response or Reply Deadlines pertaining to #30 MOTION to Dismiss Plaintiffs' Second Amended Complaint (Reason: Correcting an error) filed byOlly Public Benefit Corporation. Responses due by 11/30/2022. Replies due by 12/21/2022. (Vetesi, Claudia) (Filed on 11/8/2022) (Entered: 11/08/2022)

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21 More Docket Entries
  • 07/22/2022
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  • Docket(#10) NOTICE of Appearance by Nicole V. Ozeran on behalf of Defendant Olly Public Benefit Corporation (Ozeran, Nicole) (Filed on 7/22/2022) (Entered: 07/22/2022)

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  • 07/22/2022
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  • Docket(#9) NOTICE of Appearance by Claudia Maria Vetesi on behalf of Defendant Olly Public Benefit Corporation (Vetesi, Claudia) (Filed on 7/22/2022) (Entered: 07/22/2022)

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  • 07/06/2022
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  • Docket(#8) SUMMONS Returned Executed by Hope Murphy, Carol Lesh. Olly Public Benefit Corporation served on 7/1/2022, answer due 7/22/2022. (Jacobson, Jonas) (Filed on 7/6/2022) (Entered: 07/06/2022)

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  • 06/28/2022
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  • Docket(#7) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Carol Lesh, Hope Murphy.. (Jacobson, Jonas) (Filed on 6/28/2022) (Entered: 06/28/2022)

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  • 06/27/2022
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  • Docket(#6) Summons Issued as to Olly Public Benefit Corporation. (slh, COURT STAFF) (Filed on 6/27/2022) (Entered: 06/27/2022)

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  • 06/27/2022
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  • Docket(#5) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/28/2022. Initial Case Management Conference set for 10/5/2022 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (slh, COURT STAFF) (Filed on 6/27/2022) (Entered: 06/27/2022)

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  • 06/27/2022
  • Docket(#4) Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 7/11/2022. (ark, COURT STAFF) (Filed on 6/27/2022) (Entered: 06/27/2022)

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  • 06/24/2022
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  • Docket(#3) CERTIFICATION OF INTERESTED ENTITIES OR PERSONS filed by Carol Lesh, Hope Murphy (Jacobson, Jonas) (Filed on 6/24/2022) (Entered: 06/24/2022)

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  • 06/24/2022
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  • Docket(#2) Proposed Summons. (Jacobson, Jonas) (Filed on 6/24/2022) (Entered: 06/24/2022)

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  • 06/24/2022
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  • Docket(#1) CLASS ACTION COMPLAINT AND DEMAND FOR JURY TRIAL against Olly Public Benefit Corporation, (Filing Fee: $402.00, receipt number ACANDC-17295611). Filed by Hope Murphy, Carol Lesh. (Attachments: #(1) Civil Cover Sheet)(Jacobson, Jonas) (Filed on 6/24/2022) (Entered: 06/24/2022)

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