Deana Lozano has voluntarily dismissed her case in opposition to Pruvit.
Lozano filed go well with in opposition to Pruvit in June 2023. In her go well with Lozano alleged Pruvit claimed its merchandise include “no synthetic flavors”, however the truth is used petrochemical derived flavoring.
Following a messy movement to dismiss from Pruvit final October, Lozano (proper) filed a Discover of Voluntary Dismissal on February twenty first.
No cause for the dismissal, which was requested and granted with prejudice, is offered in Lozano’s discover.
What we do have on the case docket nevertheless is a February seventh order, compelling Lozano to additional reply to “requests for manufacturing and interrogatories” from Pruvit.
Trying on the order, manufacturing and interrogatories at difficulty relate to:
- whether or not Lozano bought Pruvit merchandise “already suspecting that the merchandise contained synthetic malic acid” (Pruvit argues Lozano “didn’t buy Pruvit’s product in reliance on the “No Synthetic Flavors” assertion”);
- particulars of Lozano’s earlier settlements from comparable litigation, to exhibit alleged “repeated threats of sophistication motion claims to acquire vastly disproportionate, premium particular person settlements that present no profit in any respect to the putative class” (Pruvit once more asserts Lozano isn’t a real buyer);
- data pertaining to when the merchandise Lozano bought have been despatched for testing (Pruvit asserts that primarily based on discovery that has been merchandise, “reveal that [Lozano’s] counsel despatched these merchandise for testng earlier than Lozano bought them);
- data pertaining to Lozano’s buy of different merchandise containing malic acid; and
- contact particulars pertaining to Lozano’s alleged buy of Pruvit merchandise.
In a nutshell and citing one other seemingly comparable case, Pruvit’s discovery requests have been made to assist the assertion that Lozano
is just not really an aggrieved shopper however a employed plaintiff executing [her] lawyer’s raids on the deep pockets of meals producers.
Relatively than adjust to the order and supply Pruvit the requested info, Lozano moved to dismiss the case.
Fellow plaintiff Damen Brodhun additionally dismissed his case in opposition to Pruvit on the identical date. Collectively, the dismissals convey the case to an finish.
The court docket ordered Lozano’s case dismissed and terminated on February twenty second.
