Lozano v. Pruvit goes through messy motion to dismiss
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 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.