Deanna Lozano’s lawsuit against Pruvit has survived a messy motion to dismiss.

Of the eight claims in Lozano’s lawsuit, Pruvit’s motion to dismiss claims 2 to 8 were denied. Pruvit’s motion to dismiss Lozano’s claim for injunctive relief was also denied.

Where Pruvit succeeded was getting count 1 dismissed. Lozano’s “request for equitable relief for past harms” across claims 2 to 7 was also granted.

This is on the basis that Lozano’s claims are “based on the theory Defendant’s Products’ ingredients labels were misleading and

The twenty-one page motion is heavy with legalese. There are a lot of rules cited, which I could look up… but that’d lead to even more confusing legalese.

I think the take-away for now is that the bulk of Lozano’s case seems intact.

Notwithstanding, Lozano (right) has been given three weeks from October 6th to file an amended complaint.

If an amended complaint isn’t filed I believe the case will proceed based off the original filed complaint, with modifications the motion to dismiss order imposes on it.


Update 31st October 2023 – Lozano filed an Amended Complaint on October 24th.

A hearing on Class Certification has tentatively been scheduled for May 30th, 2024.


Update 3rd January 2023 – A brief update on the case with respect to two added Plaintiffs.

On October 24th, 2023, Amy Degioanni and Damen Brodhun were added as Texas resident Plaintiffs.

This is from a December 19th order from the court;

Degioanni and Brodhun (the “Texas Plaintiffs”) bring three claims against Defendant on behalf of themselves and a class consisting of nationwide purchasers:

(1) violation of the Texas Deceptive Trade Practices Act (“TDTPA”), see Tex. Bus. & Com. Code § 17.01, et seq.,

(2) unjust enrichment under Texas law, and

(3) breach of express warranty under Texas law.

Pruvit moved to dismiss these claims and, as per the above quoted from December 19th tentative order, the court sided with Pruvit.

On December 21st a hearing on Pruvit’s Motion to Dismiss was held. The court adopted its December 19th tentative order.

On December 22nd, Plaintiff Degioanni filed a Notice of Dismissal;

Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiff hereby dismisses this action WITH PREJUDICE as to the claims of Plaintiff Amy Degioanni only. Defendant has reviewed and stipulated to this dismissal.

I don’t really understand the logistics with respect to Plaintiff Brodhun also being from Texas, but as I understand it the case continues with Lozano and Brodhun as Plaintiffs.


Update 2nd March 2024 – Deana Lozano and Damen Brodhun have voluntarily dismissed their case against Pruvit.