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3B Medical Inc. v. SoClean Inc.

Lanham Act False Advertising Claims Dismissed; Presumption of Injury Inapplicable

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OPINION AND ORDER   Plaintiff 3B Medical, Inc. manufactures a suite of devices that automatically sanitize continuous positive airway pressure (“CPAP”) machines using UV-C light. Plaintiff brings this action against Defendant SoClean, Inc., a competitor that manufactures similar devices, albeit with the distinction that Defendant’s devices use ozone as a sanitizing agent. Plaintiff alleges that Defendant has relied on false and misleading representations to consumers relating to Defendant’s devices’ use of ozone and the safety of said use, in violation of the Lanham Act, 15 U.S.C. §1125(a), as well as various state-law claims. Defendant, in turn, has filed the instant motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), arguing that Plaintiff has failed to state a claim upon which relief may be granted. For the reasons set forth below, the Court finds that Plaintiff has indeed failed to state a claim because of deficiencies in pleading injury, and therefore grants Defendant’s motion to dismiss. BACKGROUND1 A. Factual Background 1. The Parties Plaintiff is a Florida corporation with its principal place of business in Winter Haven, Florida. (Compl. 6). Since 2018 (see Galgay Decl., Ex. 1),2 Plaintiff has produced and sold the Lumin and the Lumin Bullet, both of which are designed for individuals who suffer from sleep apnea (Compl. 12). Specifically, the Lumin and the Lumin Bullet use a UV-C light source to sanitize and disinfect CPAP equipment. (Id. at

22-23). Defendant — a Delaware corporation with its principal place of business in Peterborough, New Hampshire — offers competing products. (Id. at

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