 Monsanto is one of the world’s largest agricultural companies, and has long been  manufacturing and selling herbicides to control weeds. Monsanto’s leading herbicide is called  Roundup, whose active ingredient is called glyphosate. Monsanto first introduced Roundup  in the mid-1970s for the agricultural community, and then in the mid-1980s for residential  use. Roundup has been a dramatically successful product, and is one of the most widely-used  herbicides in the world for residential use.    Monsanto manufactures, markets, and sells Roundup in various formulations,  including Roundup Ready-to-Use (“Ready-to-Use”) formulations, which are intended simply  to be sprayed directly out of the bottle in which the product is purchased; and concentrated  versions of the Roundup, such as the Roundup Concentrates, which the purchaser must first  dilute with water before using with a tank sprayer.    Specifically, Monsanto manufactures, markets and sells Roundup Concentrate  Plus in 32-, 36.8- and 64-ounce bottles (as pictured in the introduction above), and Roundup  Super Concentrate in 35.2-, 64-, and 128-ounce bottles, as pictured below.  4  Martin v. Monsanto Company, Case No. 16-cv-2168   While reserving the right to redefine or amend the class definition prior to  seeking class certification, pursuant to Federal Rule of Civil Procedure 23, plaintiff seeks to  represent a class of all persons in the United States who, on or after October 13, 2012 (the  “Class Period”), purchased the Roundup Concentrates for personal or household use (the  “Class” or “Nationwide Class”).  17  Martin v. Monsanto Company, Case No. 16-cv-2168   Plaintiff realleges and incorporates the allegations elsewhere in the Complaint  as if fully set forth herein.    The Roundup Concentrates are consumer products within the meaning of 15   Plaintiff realleges and incorporates the allegations elsewhere in the Complaint  as if set forth in full herein.    The CLRA prohibits deceptive practices in connection with the conduct of a  business that provides goods, property, or services primarily for personal, family, or  household purposes.    Monsanto’s false and misleading labeling and other policies, acts, and practices  described herein were designed to, and did, induce the purchase and use of Monsanto’s  Roundup Concentrates for personal, family, or household purposes by plaintiff and other  Subclass members, and violated and continue to violate at least the following sections of the   Plaintiff realleges and incorporates the allegations elsewhere in the Complaint  as if set forth in full herein.    Under the FAL, “[i]t is unlawful for any person, firm, corporation or association,  or any employee thereof with intent directly or indirectly to dispose of real or personal  property or to perform services” to disseminate any statement “which is untrue or misleading,  and which is known, or which by the exercise of reasonable care should be known, to be  untrue or misleading.” Cal. Bus. & Prof. Code § 17500.    As alleged herein, the advertisements, labeling, policies, acts, and practices of  Monsanto relating to its Roundup Concentrates misled consumers acting reasonably as to the  amount purchased and efficacy of Roundup Concentrates.    Plaintiff suffered injury in fact as a result of Monsanto’s actions as set forth  herein because plaintiffs purchased Roundup Super Concentrate in reliance on Monsanto’s  false and misleading marketing claims that the products “Make Up to” a certain volume when  the instructions on the back panel are followed and/or when a purchaser seeks to obtain “best  results” as instructed and advertised by Monsanto.  23  Martin v. Monsanto Company, Case No. 16-cv-2168  Breach of Implied Warranty of Merchantability,  Cal. Com. Code § 2314  (By the California Subclass)  120. Plaintiff realleges and incorporates the allegations elsewhere in the Complaint  as if set forth in full herein.  121. Monsanto, through its acts set forth herein, in the sale, marketing, and promotion  of the Roundup Concentrates, made representations to plaintiff and the Subclass that, among  other things, the products yield a certain volume by gallons of product that is effective at  killing all weeds and grass.  122. Monsanto is a merchant with respect to the goods of this kind which were sold  to plaintiff and the Subclass, and there was, in the sale to plaintiff and other consumers, an  implied warranty that those goods were merchantable.  123. However, Monsanto breached that implied warranty in that Roundup  Concentrates do not yield the volume by gallons and are not effective at killing all weeds and  grass to the extent claimed, as set forth in detail herein.  124. As an actual and proximate result of Monsanto’s conduct, plaintiff and the  Subclass did not receive goods as impliedly warranted by Monsanto to be merchantable in  that they did not conform to promises and affirmations made on the container or label of the  goods.  125. Plaintiff and the Subclass have sustained damages as a proximate result of the  foregoing breach of implied warranty in the amount of Roundup Concentrates’ purchase  price, or some portion thereof.  27  Martin v. Monsanto Company, Case No. 16-cv-2168  Breaches of Express Warranties,  Cal. Com. Code § 2313(1)  (By the Subclass)  115. Plaintiff realleges and incorporates the allegations elsewhere in the Complaint  as if set forth in full herein.   116.  Through the Roundup Concentrates’ labels, Monsanto made affirmations of fact  or promises, or description of goods, that, inter alia, the products will yield a certain number  of gallons in volume when used in an ordinary and reasonable manner, that the products will  yield a certain number of gallons in volume if the instructions for mixing on the back panel  were followed, and that the products would be effective in killing all weeds and grass. These  and other representations were part of the basis of the bargain, in that plaintiff and the  Subclass purchased the Roundup Concentrates in reasonable reliance on those statements.  Cal. Com. Code § 2313(1).  117. Monsanto breached its express warranties by selling Roundup Concentrates that  cannot yield the promised volume in gallons when used reasonably and ordinarily, cannot  yield the promised volume in gallons when mixed according to the instructions on the back  panel or by a purchaser seeking “best results” as instructed by Monsanto, and which is not  effective at killing weeds and grass when mixed to the stated volume on the labels and/or  pamphlets.  26  Martin v. Monsanto Company, Case No. 16-cv-2168  VIOLATIONS OF THE MAGNUSON-MOSS WARRANTY ACT,    15 U.S.C. §§ 2301 ET SEQ.  (By the Nationwide Class)   Violations of the California Consumers Legal Remedies Act,  Cal. Civ. Code §§ 1750 et seq.  (By the California Subclass)   Violations of the False Advertising Law,  Cal. Bus. & Prof. Code §§ 17500 et seq.  (By the California Subclass)  