Deana Lozano has voluntarily dismissed her case against Pruvit.

Lozano filed suit against Pruvit in June 2023. In her suit Lozano alleged Pruvit claimed its products contain “no artificial flavors”, but in fact used petrochemical derived flavoring.

Following a messy motion to dismiss from Pruvit last October, Lozano (right) filed a Notice of Voluntary Dismissal on February 21st.

No reason for the dismissal, which was requested and granted with prejudice, is provided in Lozano’s notice.

What we do have on the case docket however is a February 7th order, compelling Lozano to further respond to “requests for production and interrogatories” from Pruvit.

Looking at the order, production and interrogatories at issue relate to:

  • whether Lozano purchased Pruvit products “already suspecting that the products contained artificial malic acid” (Pruvit argues Lozano “did not purchase Pruvit’s product in reliance on the “No Artificial Flavors” statement”);
  • details of Lozano’s previous settlements from similar litigation, to demonstrate alleged “repeated threats of class action claims to obtain vastly disproportionate, premium individual settlements that provide no benefit whatsoever to the putative class” (Pruvit again asserts Lozano isn’t a genuine customer);
  • records pertaining to when the products Lozano purchased were sent for testing (Pruvit asserts that based on discovery that has been products, “reveal that [Lozano’s] counsel sent those products for testng before Lozano purchased them);
  • records pertaining to Lozano’s purchase of other products containing malic acid; and
  • contact details pertaining to Lozano’s alleged purchase of Pruvit products.

In a nutshell and citing another seemingly similar case, Pruvit’s discovery requests were made to support the assertion that Lozano

is not truly an aggrieved consumer but a hired plaintiff executing [her] attorney’s raids on the deep pockets of food manufacturers.

Rather than comply with the order and provide Pruvit the requested information, Lozano moved to dismiss the case.

Fellow plaintiff Damen Brodhun also dismissed his case against Pruvit on the same date. Together, the dismissals bring the case to an end.

The court ordered Lozano’s case dismissed and terminated on February 22nd.