Case 3:14-cv PK Document 59 Filed 09/22/17 Page 1 of 81

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1 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 1 of 81 Rick Klingbeil, OSB # rick@klingbeil-law.com RICK KLINGBEIL, PC 1826 NE Broadway, Second Floor Portland, OR Ph: of Attorneys for Plaintiff Additional attorneys listed on final page IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION LEE WALTERS, MD, an Oregon resident, v. Plaintiff, VITAMIN SHOPPE INDUSTRIES, INC., a Delaware corporation, Defendant. Case No. 3:14-cv PK THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT (1) Fraud (2) State Unlawful Trade Practices (3) Unjust Enrichment (4) Injunctive Relief JURY TRIAL DEMANDED Plaintiff individually and on behalf of the Class and Subclass described below amends his Second Amended Complaint and alleges as follows: Page 1 THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT RICK KLINGBEIL, PC 1826 NE Broadway Portland, OR Ph: rick@klingbeil-law.com

2 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 2 of 81 NATURE OF THE CASE 1. This is a proposed class action. Plaintiff, on behalf of himself and all similarly situated persons seeks money damages and injunctive relief based on Defendant s acts and misconduct. This includes claims based on unjust enrichment, fraud, and relief for a state of Oregon subclass based on the claims stated by the National Class, plus violations of state consumer protection statutes related to unlawful trade practices. 2. The claims relate to the marketing and sales of certain THE Vitamin Shoppe vitamins, minerals, supplements, herbs, sports nutrition and other health and wellness products (collectively Nutritional Supplements ). The Nutritional Supplements at issue are marketed, labeled, and sold with the inaccurate or misleading representations on the packaging. Specifically, packaging for the Nutritional Supplements at issue indicate that they provide a certain number of milligrams ( MGs or mgs ) or international units ( IUs or ius ) of Nutritional Supplement per tablet capsule, chew, or other individualized delivery method ( Unit ) and/or contain inaccurate or misleading representations related to the total amount of MG s or IU s of Nutritional Supplement included in the entire package. 3. For the purposes of clarity, the amount of Nutritional Supplement contained in a Unit will be referred to as Supplement Amount per Unit. 4. The products at issue are Nutritional Supplements sold under the THE Vitamin Shoppe trade name and label. These include but are not limited to: Page 2 THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT RICK KLINGBEIL, PC 1826 NE Broadway Portland, OR Ph: rick@klingbeil-law.com

3 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 3 of 81 Activated Charcoal (520 mg, 100 quantity ( qty. )), (Ex. 1, p. 1), Aged Garlic Extract (600 mg, 200 and 300 qty), (Id., pp. 2-3), Ascorbyl Palmitate (500 mg, 100 and 300 qty), (Id., pp. 4-5), Bilberry Extract (120 mg, 120 and 240 qty.), (Id., pp. 6-7), BioCell Collagen w/ Hyaluronic Acid (1000 mg, 60 and 180 qty.), (Id., pp.8-9), Burdock Root (1080 mg, 100 qty.), (Id., p. 10), C-2000 Complex (2000 mg, 100 and 300 qty.) (Id., pp ), C Easy to Swallow (1000 mg, 100 and 300 qty.), (Id., pp ), Calcium 1000 (1000 mg, 100 and 300 qty.), (Id., pp.15-16), Calcium + D3 Gummies (500 mg, 50 qty.), (Id., p. 17), Calcium 1200 with Vitamin D3 (1200 mg, 120 and 240 qty.) (Id., pp ), Calcium Caramel Chews (1000 mg, 60 qty.), (Id., pp ), Calcium Chocolate Chews (1000 mg, 60 qty.), (Id., p. 22), Coral Calcium (1500 mg, 90 and 180 qty.), (Id., pp ), Coral Calcium Plus (1500 mg, 90 and 180 qty.), (Id., pp. 25), Cordyceps (1040 mg, 100 qty.), (Id., p. 26), Injuv Hyaluronic Acid (140 mg, 60 qty.), (Id., p. 27), L-Arginine-Ornithine (2000 mg, 100 and 300 qty.), (Id., p ), L-Citrulline (1000 mg, 120 qty.), (Id., p. 30), Magnesium Complex A.M. (500 mg, 100 qty.), (Id., p. 31), Page 3 THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT RICK KLINGBEIL, PC 1826 NE Broadway Portland, OR Ph: rick@klingbeil-law.com

4 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 4 of 81 Magnesium Glycinate (400 mg, 90 and 180 qty.), (Id., p ), Melatonin Gummies (5 mg, 60 qty.), (Id., p. 34), Omega 3 Fish Oil (1000 mg, 60 qty.), (Id., p. 35), Red Yeast Rice (1200 mg, 120 and 240 qty.), (Id., p ), Reishi Mushroom (1200 mg, 100 qty.), (Id., p. 38), SAMe 200 Mg S-Adenosyl-L-Methionine (200 mg, 50 qty.), Uva Ursi (1365 mg, 100 qty.), (Id., p. 39), Vitamin C Gummies (250 mg, 60 qty.), (Id., p. 40), Vitamin D3 Gummies (2000 iu, 60 qty.), (Id., p. 41), Wheat Grass (500 mg, 500 qty.), (Id., p. 42), Wild Oregano Complex (1100 mg, 90 qty.), (Id., p. 43), and any other VSI branded supplement or product that, within the class period, has or has had a principal display panel that misstates the overall quantity of the package contents ( Accused Products ). 5. Concurrent with filing a Complaint for injunctive relief related to conduct within the state of Oregon, Plaintiff provided the required ORCP 32 H notice to Defendant VITAMIN SHOPPE INDUSTRIES, INC. More than 30 days have passed without the remedial action by Defendant required under ORCP 32 I. Pursuant to ORCP 32 H and I, Plaintiff through this amendment adds a claim for money damages for Oregon residents who are members of the National Class and the Oregon Subclass. THE PARTIES Page 4 THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT RICK KLINGBEIL, PC 1826 NE Broadway Portland, OR Ph: rick@klingbeil-law.com

5 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 5 of Plaintiff / Class Representative LEE WALTERS ( Plaintiff ) is an individual who at all material times resided in Multnomah County, Oregon and purchased one or more of the Accused Products within Oregon during the applicable class period. 7. Defendant VITAMIN SHOPPE INDUSTRIES, INC. ( VSI ) is incorporated in Delaware and headquartered at st Street, North Bergen, New Jersey. 8. VSI is a retailer of nutritional products. It sells both house brands and competitors brands of Nutritional Supplements to customers located in the United States, including the state of Oregon. VSI provides approximately 8,000 different SKUs (stock keeping units) of supplements through its retail stores and over 20,000 different SKUs of supplements through its retail websites. JURISDICTION AND VENUE 9. This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1367(a) and 1332, because: (a) Plaintiff was and is a resident of Oregon and Defendant is a Delaware corporation with its principal place of business in New Jersey, and (b) the damage claims exceed $75,000 in the aggregate. 10. This Court also has subject matter jurisdiction pursuant to 28 U.S.C. 1332(d)(2), the Class Action Fairness Act. On information and belief, there are over 100,000 Class Members in the proposed Class, over 10,000 members in the proposed Oregon Subclass, the amount in controversy exceeds $5,000,000, and on information and belief more than 95% of the Class are citizens or residents of different states than Defendant. Page 5 THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT RICK KLINGBEIL, PC 1826 NE Broadway Portland, OR Ph: rick@klingbeil-law.com

6 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 6 of This Court has personal jurisdiction over Defendant because it does business in the state of Oregon and this District and a significant portion of the wrongdoing alleged in this Complaint took place here. Defendant has intentionally availed itself to markets and customers in the state of Oregon and this District through the presence of retail stores, marketing and promotion, and product sales. Defendant has contacts with this state and District sufficient to render the exercise of jurisdiction by this Court permissible under traditional notions of fair play and substantial justice. 12. Venue is proper within the state of Oregon and this District pursuant to 29 U.S.C DEFENDANT S CONDUCT Background 13. During the class period VSI sold both a house brand of VSI Nutritional Supplements labeled under the THE Vitamin Shoppe name, and sold competing Nutritional Supplements labeled with the trade or brand names of other manufacturers. Typically, a VMI Nutritional Supplement is shelved adjacent to one or more competitor s products of the same type (i.e. VSI s Vitamin C next to competitor s Vitamin C). 14. The front-facing portion of packaging for Nutritional Supplements is defined as the Principal Display Panel ( PDP ) by the United States Food and Drug Administration ( FDA ). The FDA defines the PDP as the part of a label that is most likely to be displayed, presented, shown, or examined under customary conditions of display for retail sale. 21 CFR Page 6 THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT RICK KLINGBEIL, PC 1826 NE Broadway Portland, OR Ph: rick@klingbeil-law.com

7 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 7 of The PDP provides information that allows purchasers to determine the contents of the package, and to comparison shop between various manufacturers and brands of the same or similar types and quantities of Nutritional Supplements. Information on a PDP typically includes: (1) the type of Nutritional Supplement, such as Vitamin C or Calcium, (2) the quantity of the Nutritional Supplement, typically in milligrams ( MG or mg ) or international units ( IUs or ius ), (3) and the number of individual Units of Nutritional Supplement contained within the package. 16. Adjacent to and below packages on its shelves, Vitamin Shoppe displays a pricing label that includes the price and additional information about the quantity of Nutritional Supplement in the package ( Pricing Label ). 17. The United States Food and Drug Administration ( FDA ) sets forth rules relating to the contents of the PDP. These include the requirement that the PDP shall bear a declaration of the net quantity of contents. 21 CFR (a) and (c). According to the FDA, [t[his shall be expressed in the terms of weight, measure, numerical count, or a combination of numerical count and weight or measure. 21 CFR (a). When the declaration of quantity of contents by numerical count does not give adequate information as to the quantity of food in the package, it shall be combined with such statement of weight, measure, or size of the individual units of the foods as will provide such information. 21 CFR (c). 18. FDA guidance documents state: What is the net quantity of contents statement for a dietary Page 7 THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT RICK KLINGBEIL, PC 1826 NE Broadway Portland, OR Ph: rick@klingbeil-law.com

8 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 8 of 81 supplement? The net quantity of contents statement for a dietary supplement is the statement that informs consumers of the amount of dietary supplement that is in the container or package. 21 CFR (a). 19. Industry standards and practices related to PDPs vary to some degree, but standard practice and compliance involves a truthful and factual method of providing information to consumers showing the net quantity of supplement in a package. The majority of Defendant s competitors in the Nutritional Supplement market configure their PDPs as follows: a. When the Serving Size of the Nutritional Supplement is one capsule, pill, softgel, or chew ( Unit ), the PDP states the total number of Units in the container, and the Supplement Amount in MG or IU per single Unit. See, Figure 1, below for examples. b. When the Serving Size of the Nutritional Supplement is more than one Unit, the PDP states the total number of Units in the container, and the PDP either: i. states the Supplement Amount per single Unit. See Figure 2, below; OR ii. states the total Supplement Amount contained in one multi-unit serving, and includes the words per Page 8 THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT RICK KLINGBEIL, PC 1826 NE Broadway Portland, OR Ph: rick@klingbeil-law.com

9 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 9 of 81 serving or per [X Units] adjacent to the statement of Supplement Amount. See Figure 3, below. Page 9 THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT RICK KLINGBEIL, PC 1826 NE Broadway Portland, OR Ph: rick@klingbeil-law.com

10 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 10 of 81 Page 10 THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT RICK KLINGBEIL, PC 1826 NE Broadway Portland, OR Ph:

11 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 11 of 81 Accused Products 20. Each of the Accused Products in this case has a Serving Size of more than one Unit. Even so, Defendant does not employ either of the industry standard disclosure methods for its PDPs, as described in paragraph 19.(a.)(i.) or (ii.) above, or any other accurate method to state supplement quantity. Instead, the PDPs on each of the Accused Products state the total number of Units in the container and the Supplement Amount contained in a multi-unit Serving Size. 21. Unlike its competitors and standard industry practice, however, Defendant omits text indicating that the Supplement Amount shown on the PDPs of its accused products is per serving or per [X Units]. Figure 4 below provides an example. The net quantity of Nutritional Supplement represented by the PDP is false and misleading because it overstates the net quantity of Supplement in the container by a factor equal to the serving size. That is, a container with a serving size of 2 overstates the quantity of Nutritional Supplement by a factor of 2, and one with a serving size of 6 overstates the quantity of Nutritional Supplement by a factor of The PDP in Figure 4, when read in light of the industry standards, common industry practice, and the FDA rules falsely represents that the bottle holds 60 gummies that contain 250 mg of Vitamin C. Instead, the bottle contains 60 gummies that each contain 125 mg of Vitamin C. Page 11 THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT RICK KLINGBEIL, PC 1826 NE Broadway Portland, OR Ph: rick@klingbeil-law.com

12 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 12 of Defendant s misrepresentations on the PDPs on all Accused Products create a substantial likelihood that a reasonable consumer will be misled into believing they were receiving at least twice the net quantity of Nutritional Supplement that actually exists in the container for each Accused Product. 24. In addition, the Pricing Labels attached to the shelves adjacent to and below the Accused Products include misleading information regarding the contents of the Nutritional Supplement containers. The misrepresentations on these Pricing Labels are consistent with, and further reinforce the misleading representations made on the Accused Products PDPs. 25. VSI s misleading conduct comprises an intentional plan to gain a competitive advantage in the marketplace. VSI shelves its Accused Products adjacent to one or more of the same or similar Nutritional Supplements from other manufacturers. The PDP of each container is oriented to face the Page 12 THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT RICK KLINGBEIL, PC 1826 NE Broadway Portland, OR Ph: rick@klingbeil-law.com

13 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 13 of 81 consumer. VSI does this to encourage consumers to use the information on the PDPs to compare quantities, prices, and unit prices of its Nutritional Supplements to its competitors products. VSI gains an unfair advantage and misleads consumers because the PDPs on each Accused Product overstates the quantity of Nutritional Supplements as described above. One Example of Defendant s Misconduct Applicable to All Accused Products Calcium Chews 26. A representative example of Defendant s misconduct applicable to each of the Accused Products is provided below. Figure 5 shows Defendant s calcium chews shelved adjacent to a competitor s calcium chews in a typical arrangement within a Vitamin Shoppe retail store. 27. In Figure 6, the packages of calcium have been rotated to show the Supplement Facts panels on the back of both. The panels show a Serving Size of 1 for the adora calcium product, and a Serving Size of 2 for the Vitamin Shoppe calcium product. Page 13 THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT RICK KLINGBEIL, PC 1826 NE Broadway Portland, OR Ph: rick@klingbeil-law.com

14 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 14 of 81 uct. 28. The PDP for the competing adora product accurately shows that it contains 30 discs of 500 mg calcium, for a net quantity of 15,000 mg of calcium in the package. Figure The PDP for VSI s calcium product misleads by stating the total quantity of supplement in the package as 60 Units of 1000 mg of calcium, for a net quantity of 60,000 mg of calcium. The package actually contains 60 Units with 500 mg of calcium each, for a net quantity of 30,000 mg of calcium. Figure VSI s PDP for calcium also violates FDA rules because it fails to bear a declaration of the net quantity of contents as required by 21 CFR Page 14 THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT RICK KLINGBEIL, PC 1826 NE Broadway Portland, OR Ph: rick@klingbeil-law.com

15 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 15 of VSI reinforces its misleading PDP with a price label adjacent to and immediately below its package of calcium chews. The label, shown as Figure 8 below, indicates that the package contains: CALCIUM SOFT CHEW CARAMEL, 1000 MG EA [each] CHEWS. This label is misleading for the same reason as the PDP. Both omit any indication that 1000 mg indicates the amount of calcium when consumed in a serving size of 2, and not the amount of calcium present in each individual chew. Another Example of Defendant s Misconduct Applicable to All Accused Products L-Arginine-Ornithine ( LAO ) 32. Another representative example of Defendant s misconduct with respect to all Accused Products is provided below. Figure 9 shows Defendant s L-Arginine-Ornithine ( LAO ), 2000 mg, shelved adjacent to a competitor s LAO product in a typical arrangement within a Vitamin Shoppe store. Page 15 THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT RICK KLINGBEIL, PC 1826 NE Broadway Portland, OR Ph: rick@klingbeil-law.com

16 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 16 of In Figure 10, both containers of LAO have been rotated to show the Supplement Facts panel on the back. The panels show a Serving Size of 1 for the Country Life LAO product, and a Serving Size of 2 for the Vitamin Shoppe LAO product. Page 16 THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT RICK KLINGBEIL, PC 1826 NE Broadway Portland, OR Ph: rick@klingbeil-law.com

17 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 17 of The PDP for the competing Country Life product accurately shows that it contains 180 capsules of 1000 mg LAO, for a total of 180,000 mg. Figure 9. The PDP for the VSI s LAO bottle misleads by stating the total quantity of LAO in the package as 300 Units consisting of 2000 mg LAO, or a total of 600,000 mg of LAO. Figure 10. The VSI bottle actually contains 300 Units with 1000 mg of LAO each, for a total of 300,000 mg of LAO VSI s PDP also violates FDA rules because it fails to bear a declaration of the net quantity of contents as required by 21 CFR VSI reinforces its misleading PDP with a price label adjacent to its package of LAO capsules. Figure 11 show the label which indicates that the package contains: L-ARGININE-ORNITHINE, 2000 MG EA [each] CAPSULES. This label is misleading for the same reason as the PDP. All Accused Products 37. The PDPs and price labels for each of the Accused Products similarly omit any indication that the stated amount of Nutritional Supplement is Page 17 THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT RICK KLINGBEIL, PC 1826 NE Broadway Portland, OR Ph: rick@klingbeil-law.com

18 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 18 of 81 intended to be per serving of more than one Unit, or per X Units. Defendant materially misrepresents the quantity and characteristics of the contents of each of the Accused Products and creates a substantial likelihood of confusion in potential purchasers as to the quantity of Nutritional Supplement being purchased. Defendant intended to Mislead Consumers 38. Defendant s conduct with respect to the Accused Products is purposefully and intentionally misleading. 39. Defendant is familiar with the FDA rules regarding supplement labeling and knew or should have known that the PDPs on its Accused Products fail to inform consumers of the amount of dietary supplement that is in the container or package. 40. On PDPs for some of Defendant s other Nutritional Supplements with Serving Sizes greater than one, it correctly discloses that the stated quantity of ingredients is per X Units. Figure 12 shows VSI s Easy to Swallow C-1000 and Calcium 1000 softgels. Both indicate Per 2 Softgels on the PDP adjacent to the quantity of Nutritional Supplement. Page 18 THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT RICK KLINGBEIL, PC 1826 NE Broadway Portland, OR Ph: rick@klingbeil-law.com

19 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 19 of Similarly, for many of its other supplement products with a serving size of two or more, VSI presents a PDP that accurately discloses the quantity of supplements in the container. 42. Cherry Fruit Extract and AHCC provide examples of accurate PDPs on VSI products with serving sizes of two or greater. 43. For Cherry Fruit Extract, the serving size is 1000 mg. The package contains 90 capsules and each capsule contains 500 mg of Cherry Fruit Extract. Figure 13 shows the PDP and Pricing Label. Both accurately show the amount of supplement in the bottle and the quantity of supplement per capsule. Page 19 THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT RICK KLINGBEIL, PC 1826 NE Broadway Portland, OR Ph: rick@klingbeil-law.com

20 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 20 of For AHCC, the serving size is 1000 mg. The bottle contains 90 capsules and each capsule contains 500 mg of AHCC. Figure 14 shows the PDP and Pricing Label. Both accurately show the amount of supplement in the bottle and the quantity of supplement per capsule. Page 20 THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT RICK KLINGBEIL, PC 1826 NE Broadway Portland, OR Ph:

21 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 21 of The table below shows the Accused Products, and compares the represented quantity of the Supplement Amount with the actual quantity on a per Unit basis: Product name / Active Ingredient Units Per Package Stated MGs Supplement Amt /Unit Actual MGs Supplement Amt/Unit Percent Shortfall Activated Charcoal Aged Garlic Extract 200, Ascorbyl Palmitate 100, Bilberry Extract 120, BioCell Collagen 60, Burdock Root C Easy to Swallow 100, C-2000 Complex 100, Calcium , Easy Swallow Calcium 1200 w D3 120, Calcium Chocolate Chews Calcium Caramel Chews Calcium + D Gummies Coral Calcium 90, Coral Calcium Plus 90, Cordyceps Injuv Hyaluronic Acid L-Arginine- Ornithine , Page 21 THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT RICK KLINGBEIL, PC 1826 NE Broadway Portland, OR Ph: rick@klingbeil-law.com

22 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 22 of 81 L-Citrulline Magnesium 90, Glycinate Magnesium Complex AM Melatonin Gummies Omega 3 Fish Oil Red Yeast Rice 120, Reishi Mushroom SAMe Uva Ursi Vitamin C gummies Vitamin D iu 1000 iu 50 Gummies Wheat Grass Wild Oregano Complex INDIVIDUAL ALLEGATIONS 46. Plaintiff Lee Walters is a Multnomah County, Oregon resident. In May, 2014 he entered the Lloyd Center Vitamin Shoppe located at 1407 Lloyd Center, Portland, Oregon, While there he purchased an Accused Product, a package of Calcium 1000 mg Carmel Chews. Figure The package s PDP indicated 60 soft chews of 1000 mg of Calcium. The package did not contain 60 chews containing 1000 mg of Calcium. Instead, the package contained 60 chews containing 500 mg of Calcium. The PDP failed to accurately or truthfully bear a declaration of the net quantity of contents. Page 22 THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT RICK KLINGBEIL, PC 1826 NE Broadway Portland, OR Ph: rick@klingbeil-law.com

23 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 23 of At the time of his purchase, Plaintiff did not know that the package he purchased misrepresented the Supplement Amount per Unit of the product, did not know that the 1000 mg statement purported to represent Serving Size, and did not know that the PDP otherwise misrepresented the net quantity of Supplement contained within the package. 49. The facts withheld from the PDP of the Accused Product (i.e. that the Supplement Amount on the PDP was a per serving amount or per two soft chews, and not actually the Supplement Amount per Unit), were material in that a reasonable purchaser, including Plaintiff, would likely have considered them important in making a purchasing decision. 50. Plaintiff would not have purchased the Accused Product if the actual Page 23 THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT RICK KLINGBEIL, PC 1826 NE Broadway Portland, OR Ph: rick@klingbeil-law.com

24 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 24 of 81 and accurate Supplement Amount per Unit had been disclosed to him on the PDP through indication that the listed Supplement Amount was per serving or per 2 soft chews, or that the Supplement Amount per Unit was actually 500 mg, or otherwise. 51. Plaintiff would not have purchased the Accused Product if the information contained on the PDP indicated that the net Supplement Amount in the package was 30,000 mg of calcium, instead of the 60,000 mg indicated or suggested by the PDP. CLASS ALLEGATIONS 52. Plaintiff brings this action on behalf of himself and all similarly situated persons who purchased one or more of the Accused Products within the United States and within Oregon, or within any class or sub-class that the Court may determine appropriate for class certification treatment pursuant to Federal Rules of Civil Procedure 23(a) and 23(b). 53. The Class and Subclass of persons that Plaintiff seeks to represent are defined as: (a) Nationwide Class: all persons within the United States who at any time during the applicable class period purchased one or more Accused Products. (b) Oregon Subclass: Page 24 THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT RICK KLINGBEIL, PC 1826 NE Broadway Portland, OR Ph: rick@klingbeil-law.com

25 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 25 of 81 all Oregon residents who at any time during the applicable class period purchased one or more Accused Products. 54. Excluded from the National Class and the Oregon Subclass are (a) Defendants, persons, firms, trusts, corporations, officers, directors, or other individuals or entities in which any Defendant has a controlling interest or which is related to or affiliated with Defendant, and any current employees of Defendant; (b) all persons who make a timely election to be excluded from the proposed Class; (c) the judge(s) to whom this case is assigned and any immediate family members thereof; and (d) the legal representatives, heirs, successors-in-interest or assigns of any excluded party. 55. Plaintiff s fraud and unjust enrichment claims are appropriate for class-wide certification and treatment. As class representative Plaintiff can prove the elements of his claim on a class-wide basis using the same evidence as would be used to prove those elements in individual actions alleging the same claims. 56. Plaintiff s claims as the Oregon Subclass representative are appropriate for sub-class certification and treatment because Plaintiff can prove the elements of his claim on a sub-class-wide basis using the same evidence as would be used to prove those elements in individual actions alleging the same Oregon Subclass claims. 57. Numerosity Under Rule 23(a)(1) - Members of the National Class and the Oregon Subclass are so numerous that joinder of all members Page 25 THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT RICK KLINGBEIL, PC 1826 NE Broadway Portland, OR Ph: rick@klingbeil-law.com

26 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 26 of 81 individually into one action, or into individual state-wide class actions is impractical. On information and belief, the National Class consists of substantially more than 50,000 members, and the Oregon Subclass likely exceeds 10,000 members. 58. Commonality and Predominance under Rule 23(a)(2) and (b)(3) - Common questions of law and fact are shared by Plaintiff and members of the National Class and the Oregon Subclass that predominate over any individual issues. 59. For the National Class, common issues of law and fact include: a. Does Defendant s conduct constitute fraud? b. Is the fraud claim otherwise justiciable in a nationwide class? c. What is the appropriate measure of damages for the fraud claim? d. Are punitive damages available for the fraud claim? e. What statute of limitations applies to the fraud claim? f. Was Defendant unjustly enriched by its conduct in a way that caused harm to Plaintiff and the Class? g. Is the unjust enrichment claim justiciable in a nationwide class? h. What is the statute of limitation for the unjust enrichment claim? i. What is the appropriate measure of damages for the unjust enrichment claim? Page 26 THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT RICK KLINGBEIL, PC 1826 NE Broadway Portland, OR Ph: rick@klingbeil-law.com

27 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 27 of 81 j. Is the National Class entitled to an injunction or other equitable relief? k. What injunctive or equitable relief is appropriate? l. What is the proper measure of attorney fees and costs? 60. For the State of Oregon Subclass ( Oregon Subclass ), common questions of law and fact include each of the above common questions of law and fact applicable to the National Class, and in addition: m. Did Defendant represent that its goods have characteristics, ingredients, uses, benefits, quantities or qualities that they did not have in violation of ORS (1)(e)? n. Did Defendant makes a false or misleading representation of fact concerning the offering price of, or the cost for goods in violation of ORS (1)(s)? o. Did Defendant engage in unfair or deceptive conduct in trade or commerce in violation of ORS (1)(u)? p. What remedies are available under Oregon s Unlawful Trade Practices Act? q. Are exemplary or punitive damages appropriate to address Defendant s violations? 61. Each of the Plaintiff s claims are typical of the National Class claims. Each National Class claim arises from the same type events, practices, and course of conduct by Defendant ¾ the marketing and sales of the Accused Products. Standardized misrepresentations through omission of required facts Page 27 THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT RICK KLINGBEIL, PC 1826 NE Broadway Portland, OR Ph: rick@klingbeil-law.com

28 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 28 of 81 were made to each putative class member through the PDPs on each package, bottle, or container of Accused Product. 62. The legal theories asserted by Plaintiff are the same as the legal theories that will be asserted on behalf of the National Class ¾ claims for injunctive relief and money damage claims for fraud and unjust enrichment. 63. Plaintiff s claims as Subclass Representative for the Oregon Subclass are typical of the claims of the members of the Subclass. The claims arise from the same type of events, practices, and the same course of conduct by Defendant ¾ the marketing and sales of the Accused Products. The legal theories asserted by Plaintiff as Oregon Subclass Representative are the same as the legal theories asserted by the members of the Oregon Subclass -- claims for injunctive relief and money damage claims for fraud, unjust enrichment, and ORS (1). 64. Plaintiff is willing and prepared to serve the Court as a representative for the National Class and the Oregon Subclass to which he belongs including all of the required material obligations and duties. Plaintiff will fairly and adequately protect the interests of the National Class and the Oregon Subclass to which he belongs, and has no interests adverse to or which directly or irrevocably conflicts with the other members of the National Class or the Oregon Subclass. 65. Plaintiff s self-interests are co-extensive with, and not antagonistic to the interests of the absent members of the National Class and the members of the Oregon Subclass. Plaintiff will represent and protect the interests of the Page 28 THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT RICK KLINGBEIL, PC 1826 NE Broadway Portland, OR Ph: rick@klingbeil-law.com

29 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 29 of 81 National Class and the Oregon Subclass. 66. Plaintiff has engaged the services of the following counsel and law firms: Rick Klingbeil, PC; Brady Mertz, PC; and Foley Bezek Behle & Curtis, LLC. Counsel are experienced in litigation, complex litigation, and class action cases, and will protect the rights of and otherwise effectively represent the named class representatives and absent National Class and Oregon Subclass Members. 67. A class action is superior to all other available methods for the fair and efficient adjudication of this controversy because joinder of all parties is impracticable. The operative facts relating to Plaintiff and members of the National Class and State Subclass are the same, the damages suffered by each of the Oregon Subclass Members are relatively small, the expense and burden of individual litigation makes it inefficient and ineffective for members of the Class and Oregon Subclass to individually redress the wrongs done to them, and proceeding as a class action will resolve hundreds of thousands of claims in a manner that is fair to Defendant and to Class Members. There will be no difficulty in the management of this case as a class action with a National class consisting of members from all states, and as an Oregon Subclass consisting of the same individuals who reside in the state of Oregon. 68. Class Members may be notified of the pendency of this action by several means, including posted notice at Defendant s places of business and retail stores, website, catalogues, and on promotional websites and social media related to Defendant s business. Defendant has recorded identifying details of Page 29 THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT RICK KLINGBEIL, PC 1826 NE Broadway Portland, OR Ph: rick@klingbeil-law.com

30 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 30 of 81 many Class Members through customer-established accounts. To establish a customer account, a customer provides their full name, address, billing address, and sometimes their phone number. Customer accounts retain and save an account holder s order history, which would show their purchases of any Accused Product. The order history and contact information would allow an efficient and direct method of providing notice to a substantial percentage of the class. Class Members may also be notified directly based on charge and banking card records used in the transactions, and, if deemed necessary or appropriate by the Court, through published notice. 69. The prosecution of separate actions by individual Class and Subclass Members would create a risk of inconsistent or varying adjudications with respect to individual members, which would establish incompatible standards of conduct for Defendant. Defendant has acted on grounds that apply generally to the Class and the Oregon Subclass making equitable relief and relief based on fraud and unjust enrichment appropriate to the Class as a whole. NATIONAL CLASS FIRST CLAIM FOR RELIEF (Unjust Enrichment) 70. On behalf of himself and the members of the National Class, Plaintiff realleges paragraphs 1 through 69, and further alleges: 71. Defendant has been unjustly enriched based on the above conduct. 72. Specifically, Defendant has provided Plaintiff and Class Members with half or less than half of the quantity of ingredients that are represented on Page 30 THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT RICK KLINGBEIL, PC 1826 NE Broadway Portland, OR Ph: rick@klingbeil-law.com

31 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 31 of 81 the PDP. 73. Defendant has received a benefit in the form of payment for packages that contained half or less than half of the ingredients shown on the PDP. Defendant retained these payments. 74. Defendant was unjustly enriched in an amount equal to the Excess Price paid for any Accused Product. 75. Retention of the Excess Price by Defendant would be unjust and inequitable. 76. Defendant s unjust enrichment came at the expense of Plaintiff and Class Members. 77. Plaintiff and Class Members, including members of the Oregon Subclass, seek restitution and disgorgement of any Excess Price Defendant received for any Accused Product. NATIONAL CLASS SECOND CLAIM FOR RELIEF (Fraud) 78. On behalf of himself and the members of the National Plaintiff realleges paragraphs 1 through 69, and further alleges: 79. The representations made by Defendant on the PDP on each of the Accused Products relating to (1) the amount of MG s or IU s of the supplement contained in each Unit within the package, and (2) the total number of MG s or IU s of the supplement within the package (Supplement Amount per Unit multiplied by number Units) were false. Page 31 THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT RICK KLINGBEIL, PC 1826 NE Broadway Portland, OR Ph: rick@klingbeil-law.com

32 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 32 of Defendant knew or should have known that these representations on the PDP were false and misleading. 81. The representations on the PDP related to the quantity and characteristics of the product being purchased were material and violated the FDA regulations. 82. The representations of Supplement Amount made on the PDPs were known by Defendant to be false of misleading. 83. The representations were made with the intent that Plaintiff and Class Members would rely upon them. 84. Plaintiff and Class Members did not know of the falsity of the representations made on Defendant s PDPs and were not required to crossreference statements made on the PDP against information found in small print elsewhere on the product, and therefore are deemed to have justifiably relied upon the false representations when purchasing the Accused Products. 85. Plaintiff and Class Members had a right to rely upon Defendant s representations made on the PDPs. 86. Plaintiff and Class Members were damaged by the representations because they received substantially less product than was represented on the PDPs. Plaintiff and Class Members received less value than what they paid. 87. Plaintiff and the National Class Members, including members of the Oregon Subclass, seek recovery of money damages equal to the Excess Price Defendant received from the sale of any Accused Product to any Class Member. 88. Plaintiff and the National Class Members, including members of the Page 32 THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT RICK KLINGBEIL, PC 1826 NE Broadway Portland, OR Ph: rick@klingbeil-law.com

33 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 33 of 81 Oregon Subclass, seek punitive damages, attorney fees, and costs incurred in connection with this claim for relief. OREGON SUBCLASS CLAIM FOR RELIEF (ORS Unlawful Trade Practices) 89. On behalf of himself and the Oregon Subclass, Plaintiff realleges paragraphs 1 through 69, and further alleges: 90. By engaging in the practices described herein, Defendant has violated and continues to violate the Oregon Unlawful Trade Practices Act, ORS in one or more of the following ways: a. Defendant represented that goods have characteristics, ingredients, quantities or qualities that they do not have in violation of ORS (1)(e); b. Defendant made false or misleading representations of fact concerning the offering price of, or the persons cost for goods, in violation of ORS (1)(s); c. Defendant engaged in unfair or deceptive conduct in trade or commerce proscribed by rules established by the Oregon Attorney General, in violation of ORS (1)(u). The Oregon Attorney General has adopted the FDA s requirements for food and supplement labeling, and applicable to Defendant s misconduct. Specifically, OAR states: Page 33 THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT RICK KLINGBEIL, PC 1826 NE Broadway Portland, OR Ph: rick@klingbeil-law.com

34 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 34 of 81 rules governing food identity, *** and labeling of or in food adopted by the Food and Drug Administration of the U.S. Department of Health and Human Services, are hereby adopted as the rules governing this subject matter in Oregon. *** The adopted federal programs and standards are those set forth in the 2015 version, Title 21, Chapter 1, Parts 1, 7, 70, 73, 74, 81, 82 and 100 through 199, of the Code of Federal Regulations. Defendant violated the labeling requirements set forth in 21 CFR Ch. 1, Part (1) because it failed to include an accurate statement of the net quantity of Nutritional Supplement on the PDPs for each of the Accused Products. Violation of 21 CFR Ch. 1, Part (1) constitutes an unfair or deceptive conduct in trade or commerce proscribed by rules established by the Oregon Attorney General, in violation of ORS (1)(u). 91. Defendant selectively chose to make misleading representations on the packages for the Accused Products, while accurately stating the product quantities for many of its other products with serving sizes of two or more units. Defendant s violations were the result of a reckless or knowing use or employment of a method, act, or practice declared unlawful by ORS (1)(e), (s), or (u). 92. Plaintiff and Class Members have sustained an ascertainable loss of money or property as a result of Defendant s violations. Plaintiff and Class Members would not have purchased the Accused Products but for the Page 34 THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT RICK KLINGBEIL, PC 1826 NE Broadway Portland, OR Ph: rick@klingbeil-law.com

35 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 35 of 81 misrepresentations. 93. Plaintiff and Oregon Subclass Members are entitled to injunctive relief pursuant to ORS (8)(c). 94. More than 30 days ago, Plaintiff provided the required notice to Defendant pursuant to ORCP 32H. Defendant has failed and refused to undertake the remedial provisions set forth in ORCP 32 I. Instead, Defendant continues to engage in the violations set forth above. As a result, plaintiff now amends his Complaint to add claims for monetary damages for Oregon Class and Subclass members. 95. Plaintiff and Oregon Subclass Members are entitled to the greater of their actual damages, or $200 per violation, pursuant to ORS (1) and (8)(a). 96. Plaintiff and Oregon Subclass Members seek punitive damages pursuant to ORS (8)(b). 97. Plaintiff and Oregon Subclass Members seek attorney fees and costs pursuant to ORS (3). REQUEST FOR RELIEF Plaintiff seeks the following for himself, the National Class, and the Oregon Subclass Members: Case Management An Order from this Court: A. Certifying this action as a class action as set forth above, or as a class action or issue class as otherwise deemed appropriate by the Court Page 35 THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT RICK KLINGBEIL, PC 1826 NE Broadway Portland, OR Ph: rick@klingbeil-law.com

36 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 36 of 81 pursuant to a Motion to Certify Class Action to be filed by Plaintiff in this case; B. Appointing Plaintiff as a Representative for both the National Class and the Oregon Subclass; C. Approving counsel listed herein as class counsel for the National Class and the Oregon Subclass. D. Setting a trial by jury for all issues so triable. Injunctive / Equitable Relief (National Class - All claims) An Order from this Court: E. Granting a temporary and permanent injunction enjoining Defendant from engaging in any further misconduct at issue in this action nationwide, and within the State of Oregon. Specifically, Defendant should be enjoined from mislabeling and marketing the Accused Products as alleged in this Complaint. F. Ordering restitution to the members of the class for the amount that Defendant has been unjustly enriched as a result of its wrongful conduct, with interest; G. Ordering reimbursement of the reasonable costs, disbursements, and litigation expenses incurred by Plaintiff and the Class necessary to obtain injunctive relief. Injunctive / Equitable Relief (Oregon Subclass - ORS (1) et seq.) An order from this Court: H. Granting a temporary and permanent injunction enjoining Defendant Page 36 THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT RICK KLINGBEIL, PC 1826 NE Broadway Portland, OR Ph: rick@klingbeil-law.com

37 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 37 of 81 from engaging in any further violations of ORS (1) et seq. within the state of Oregon pursuant to ORS (8)(c). Monetary Damages (National Class) A verdict from the jury at trial awarding: I. Restitution and disgorgement of any Excess Price Defendant received during the class period from sales of any Accused Product from any Class Member. J. Monetary damages. K. Exemplary / punitive damages in an amount necessary to address Defendant s fraudulent conduct during the class period. L. Attorney fees and costs incurred by the Class. Monetary Remedies (Oregon Subclass) A verdict from the jury at trial awarding: M. The greater of Subclass Members actual damages or $200 per violation, pursuant to ORS (1) and (8)(a) for violations during the class period. N. Punitive damages pursuant to ORS (8)(b) in an amount necessary to address Defendant s misconduct during the class period. / / / / / / / / / / / / / / / Page 37 THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT RICK KLINGBEIL, PC 1826 NE Broadway Portland, OR Ph: rick@klingbeil-law.com

38 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 38 of 81 O. Attorney fees and costs pursuant to ORS (3). Dated: September 11, Rick Klingbeil, PC /s/ Rick Klingbeil Rick Klingbeil, OSB# Of Attorneys for Plaintiff 1826 NE Broadway Portland, OR Ph: Additional Attorneys: Brady Mertz, OSB # Foley Bezek Behle & Curtis, LLP (Pro hac vice) Page 38 THIRD AMENDED CLASS ACTION ALLEGATION COMPLAINT RICK KLINGBEIL, PC 1826 NE Broadway Portland, OR Ph:

39 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 39 of 81 Activated Charcoal 520 mg, 100 ea. Page 1

40 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 40 of 81 Aged Garlic Extract 600 mg, 200 ea. Page 2

41 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 41 of 81 Aged Garlic Extract 600 mg, 300 ea. Page 3

42 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 42 of 81 Ascorbyl Palmitate 500 mg, 100 ea. PRICE TAG? Page 4

43 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 43 of 81 Ascorbyl Palmitate 500 mg, 300 ea. Page 5

44 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 44 of 81 Bilberry Extract 120 mg, 120 ea. Page 6

45 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 45 of 81 Bilberry Extract 120 mg, 240 ea. Page 7

46 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 46 of 81 BioCell Collagen II 1000 mg, 60 ea. Page 8

47 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 47 of 81 BioCell Collagen II 1000 mg, 180 ea. Page 9

48 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 48 of 81 Burdock Root 1080 mg, 100 ea. Page 10

49 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 49 of 81 C-2000 complex 2000 mg, 100 ea. Page 11

50 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 50 of 81 C-2000 complex 2000 mg, 300 ea. Page 12

51 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 51 of 81 Vitamin C - easy to swallow mg, 100 ea. Page 13

52 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 52 of 81 Vitamin C - easy to swallow mg, 300 ea. Page 14

53 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 53 of 81 Calcium mg, 100 ea. Page 15

54 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 54 of 81 Calcium mg, 300 ea. Page 16

55 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 55 of 81 Calcium + D3 Gummies 500 mg, 50 ea. Page 17

56 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 56 of 81 Calcium 1200 w/ vitamin D 1200 mg, 120 ea. Page 18

57 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 57 of 81 Calcium 1200 w/ Vitamin D mg, 240 ea Page 19

58 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 58 of 81 Calcium Caramel Chews 1000 mg, 60 ea. \ Page 20

59 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 59 of 81 Page 21

60 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 60 of 81 Calcium Chocolate Chews 1000 mg, 60 ea. Page 22

61 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 61 of 81 Coral Calcium 1500 mg, 180 ea. Page 23

62 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 62 of 81 Coral Calcium 1500 mg, 90 ea. Page 24

63 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 63 of 81 Coral Calcium Plus 1500 mg, 180 ea. Page 25

64 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 64 of 81 Cordyceps 1040 mg, 100 ea. Page 26

65 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 65 of 81 Injuv Hyaluronic Acid 140 mg, 60 ea. Page 27

66 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 66 of 81 l-arginine ornithine 2000 mg, 100 ea. Page 28

67 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 67 of 81 l-arginine ornithine 2000 mg, 300 ea. Page 29

68 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 68 of 81 l - citrulline 1000 mg, 120 ea. Page 30

69 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 69 of 81 Magnesium Complex AM 500 mg, 100 ea. Page 31

70 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 70 of 81 Magnesium Glycinate 400 mg, 180 ea. Page 32

71 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 71 of 81 Magnesium Glycinate 400 mg, 90 ea. Page 33

72 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 72 of 81 Melatonin Gummies 5 mg, 60 ea. Page 34

73 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 73 of 81 Omega 3 Fish Oil 1000 mg, 60 ea. Page 35

74 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 74 of 81 Red Yeast Rice 1200 mg, 120 ea. Page 36

75 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 75 of 81 Red Yeast Rice 1200 mg, 240 ea. Page 37

76 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 76 of 81 Reishi mushroom 1200 mg, 100 ea. Page 38

77 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 77 of 81 Uva Ursi 1365 mg, 100 ea. Page 39

78 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 78 of 81 Vitamin C Gummies 250 mg, 60 ea. Page 40

79 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 79 of 81 Vitamin D3 Gummies IU, 60 ea. Page 41

80 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 80 of 81 Wheat Grass 500 mg, 500 ea. Page 42

81 Case 3:14-cv PK Document 59 Filed 09/22/17 Page 81 of 81 Wild Oregano Complex 1100 mg, 90 ea. Page 43