DELAY REDUCTION CASE District Attorney, County of Napa Katy Yount, State Bar No. 279550 Deputy District Attorney 1127 First Street, Suite Napa, CA 94559 I Tel: (707) 253-4211 Fax: (707) 253-4041 ENFORSED Clerk of the Napa Superior Court By; K. ROSE - Deputy (For list of additional Plaintiff?s counsel, see attached Appendix) Attorneys for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF NAPA THE PEOPLE OF THE STATE OF Case No CALIFORNIA, . COMPLAINT FOR CIVIL PENALTIES AND EQUITABLE RELIEF vs. . FEHENCE GOOP, INC., a Delaware Corporation, TIME: Emmi 1 Defendant. MACE: Catrth 825 Brawn Strut. Nap: CA 94559 Plaintiff, the People of the State of California, appears through its attorneys, Allison Haley, District Attorney for the County of Napa, by Deputy District Attorney Katy Yount, Nancy O?Malley, District Attorney for the County of Alameda, by Deputy District Attorney Shara Beltramo, Edward S. Berberian, District Attorney for the County of Marin, by Deputy District Attorney Andres Perez, Dean Flippo, District Attorney for the County of Monterey, by Deputy District Attorney Amy Anderson, Tony Rackauckas, District Attorney for the County of Orange, by Senior Deputy District Attorney Tracy Hughes, Jill R. Ravitch, District Attorney for the County of Sonoma, by Deputy District Attorney Matthew Cheever, Krishna A. Abrams, District Attorney for the County of Solano, by Deputy District Attorney Diane Newman, Jeffrey F. Rosen, District Attorney for the County of Santa Clara, by Supervising Deputy District COMPLAINT FOR CIVIL PENALTIES AND EQUITABLB RELIEF Page 1 Attorney Yen Dang, Jeffrey S. Resell, District Attorney for the County of Santa Cruz, by Assistant District Attorney Doug Allen, and Stephanie A. Bridgett, District Attorney for the County of Shasta, by Senior Deputy District Attorney Anand ?Lucky? Jesrani, and alleges upon information and belief that: JURISDICTION AND VENUE The authority of the District Attorney to bring this action is derived from that statutory law of the State of California, speci?cally Business Professions Code sections 17200, 17203, 17204, 17206, 17500, 17535, and 17536. Plaintiff, by this action, seeks to enjoin Defendant Goop, Inc. from engaging in the unlawful business practices alleged herein, and seeks civil penalties, injunctive relief, and restitution for the Defendant?s violations of the above statutes. 2. Defendant advertises for and does business within the counties of Napa, Alameda, Marin, Monterey, Orange, Santa Clara, Santa Cruz, Shasta, Solano, and Sonoma, and elsewhere in the State of California. Venue is appropriate in this Court because the violations of law herein alleged have been carried out within these counties and elsewhere in the State of California. DEFENDANT 3. Defendant, Goop, Inc. is a Delaware Corporation with its principal place of business at 212 26th Street, Suite 206, Santa Monica, California 90402. 4. Whenever reference is made in this Complaint to any act of the (300p, Inc., such reference shall be deemed to mean that the company?s of?cers, directors, members, managers, employees, agents, or representatives did, ratified, or authorized such act while actively engaged in the management, direction or control of the affairs of the Goop, Inc., or while acting within the scope and course of their duties. GENERAL ALLEGATIONS 5. Defendant advertises, offers for sale, sells, and distributes the dietary supplement ?Inner Judge Flower Essence Blend? under the brand name ?Floracopeia.? The United States COMPLAINT FOR CIVIL PENALTIES AND EQUITABLE RELIEF Page 2 Food and Drug Administration has not approved Defendant?s product as a drug that can be marketed to diagnOSe, cure, mitigate, treat, or prevent any disease in humans. 6. Defendant advertises, offers for sale, sells, and distributes the medical devices ?fJade Egg,? and ?Rose Quartz Egg? under the brand name ?Shiva Rose.? These products are medical devices as defined in California Health and Safety Code section 109920. The FDA has not approved these products as medical devices that can be marketed to diagnose, cure, mitigate, treat, or prevent any disease in humans. 7. Defendant advertised, offered for sale, and sold Inner Judge Flower Essence Blend, Jade Egg, and Rose Quartz Egg products to the general public in the counties of Napa, Alameda, Marin, Monterey, Orange, Santa Clara, Santa Cruz, Shasta, Solano, and Sonoma, and elsewhere in the State of California. 8. In its advertisements for the three products listed above in Paragraph 7, Defendant made and/or disseminated misrepresentations about the effects, efficacy, or attributes of the products, including but not limited to claims that the products had bene?cial health effects and that they could diagnose, prevent, treat, mitigate, and/or cure diseases or abnormal conditions such as hormonal imbalance, uterine prolapse, incontinence, and depression. 9. In their marketing and advertising, inchiding the use of consumer testimonials, Defendant made and/or disseminated representations about the effects of ef?cacy of their products that were not supported by competent and reliable scientific evidence. FIRST CAUSE OF ACTION VIOLATIONS OF BUSINESS PROFESSIONS CODE SECTION 17500 (FALSE AND MISLEADING ADVERTISING) 10. Plaintiff incorporates by reference paragraphs 1 through 9 as if set forth in ?ill herein. 11. On a date unknown, but beginning at least on January 17, 2017, Defendant violated Business Professions Code section 17500 by, with the intent to dispose of property or to induce members of the public to enter into obligations relating thereto, making or disseminating or causing to be made or disseminated before the public in this state statements COMPLAINT FOR CIVIL PENALTIES AND EQUITABLE RELIEF Page 3 concerning the Inner Judge Flower Essence Blend, Jade Egg, and Rose Quartz Egg products which were untrue or misleading and which Defendant knew or reasonably should have known were untrue or misleading, as set forth in paragraphs 5?9. 12. Defendant is subject to civil penalties, pursuant to Business Professions Code section 17536, and to injunctive relief, pursuant to Business Professions Code section 17535. SECOND CAUSE OF ACTION VIOLATIONS OF BUSINESS PROFESSIONS CODE SECTION 17200 (UN AIR COMPETITION) 13. Plaintiff incorporates by reference paragraphs 1 through 12 as if set forth in full herein. 14. On a date unknown, but beginning at least on January 17, 2017, Defendant violated Business Professions Code section 17200 by engaging in unlawful business practices, including, but not limited to, the following acts within Napa County. A. Defendant violated Health and Safety Code section 110403 by advertising a drug or device represented to have an effect in any of the conditions, disorders, or diseases listed therein; B. Defendant violated the provisions of Civil Code section 1770(a)(5) by representing that products it sells have sponsorship, approval, characteristics, ingredients, uses, or bene?ts which they do not have; and C. Defendant violated Business Professions Code section 17500 as more particularly described in the First Cause of Action of this Complaint. 15. Defendant are subject to civil penalties, pursuant to Business Professions Code section 17206, and to injunctive relief, pursuant to Business Professions Code sections 17203 and 17204. DEMAND WHEREFORE, Plaintiff prays for judgment as follows: COMPLAINT FOR CIVIL PENALTIES AND EQUITABLE RELIEF Page 4 Defendant and its of?cers, directors, members, managers, partners, employees, agents and representatives, and all persons who act in concert with it be permanently enjoined from directly or indirectly engaging in actions in violation of Business Professions Code sections 17500, and be Speci?cally enjoined from engaging in the types of actions or practices set forth in the First Cause of Action, pursuant to Business Professions Code section 17535. 2. Defendant and its of?cers, directors, partners, members, managers, employees, agents and representatives, and all persons who act in concert with it be permanently enjoined from directly or indirectly engaging in acts of unfair competition as de?ned in Business Professions Code section 17200 and be speci?cally enjoined from engaging in the types of acts or practices set forth in the Second Cause of Action, pursuant to Business and Professions Code sections 17203 and 17204. 3. Pursuant to Business Professions Code section 17536, the Court assess a civil penalty of two thousand ?ve hundred dollars against Defendant for each violation of Business Professions Code section 17500. 4. Pursuant to Business Professions Code section 17206, the Court assess a civil penalty of two thousand ?ve hundred dollars 2,500.00) against Defendant for each violation of California Business Professions Code section 17200. 5. Defendant be ordered to make full and complete restitution to all victims-of Defendant?s acts of false advertising and unfair competition. 7. That Plaintiff recover costs of suit herein. 8. That Plaintiff have whatever and further relief as this Court deems equitable and just. COMPLAINT FOR CIVIL PENALTIES AND EQUITABLE RELIEF Page 5 Dated: Respectfully submitted, Allison Haley Napa County District Attorney BUM Katy'Yount Deputy District Attorney COMPLAINT FOR CIVIL PENALTIES AND EQUITABLE RELIEF Page 6 APPENDIX NANCY E. District Attorney, County of Alameda Shara E. Beltramo, SBN 227246 Deputy District Attorney 7677 Oakport Street, Suite 650 Oakland, CA 94621 (510) 383?8600 EDWARD S. BERBERIAN District Attorney, County of Marin Andres Perez, SBN 186219 Deputy District Attorney 3501 Civic Center Drive, Room 145 San Rafael, CA 94903 (415) 499-6450 DEAN FLIPPO District Attorney, County of Monterey Amy Anderson, SBN 301732 Deputy District Attorney 1200 Aguajito Road, Room 301 Monterey, CA 93940 (831) 647-7770 TONY RACKAUCKAS District Attorney, County of Orange Tracy E. Hughes, SBN 180494 Senior Deputy District Attorney 401 Civic Center Drive Santa Ana, CA 92701 (714) 834-6504 JILL R. RAVITCH District Attorney, County of Sonoma Matthew T. Cheever, SBN 191783 Deputy District Attorney 2300 County Center Dr., Ste. B170 Santa Rosa, CA 95403 (707) 565?3161 KRISHNA A. ABRAMS District Attorney, County of Solano Diane M. Newman, SBN 179926 Deputy District Attorney 675 Texas Street, Suite air?eld, CA 94533 (707) 4216800 JEFFREY F. ROSEN District Attorney, County of Santa Clara Yen B. Dang, SBN 169388 Supervising Deputy District Attorney 70 W. Hedding St., West Wing San Jose, CA 95110 (408) 792-2818 JEFFREY S. ROSELL District Attorney, County of Santa Cruz Douglas Allen, SBN 99239 Assistant District Attorney 701 Ocean St., Suite 200 Santa Cruz, CA 95060 (831) 454-2559 STEPHANIE A. BRIDGETT District Attorney, County of Shasta Anand ?Lucky? Jesrani, SBN 238252 Senior Deputy District Attorney 1355 West Street Redding, CA 96001 (530) 245-6300 COMPLAINT FOR CIVIL PENALTIES AND EQUITAB LE RELIEF Page 7