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STATE v. LIVING ESSENTIALS, LLC

A163980.

558 P.3d 395 (2024)

335 Or. App. 30

STATE EX REL Ellen F. ROSENBLUM, in her official capacity as Attorney General for the State of Oregon, Plaintiff-Appellant Cross-Respondent, v. LIVING ESSENTIALS, LLC, a Michigan limited liability company; and Innovation Ventures, LLC, a Michigan limited liability company, Defendants-Respondents Cross-Appellants.

Court of Appeals of Oregon.

September 18, 2024.

Attorney(s) appearing for the Case

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Carson L. Whitehead, Assistant Attorney General, filed the briefs for appellant-cross-respondent.

Lori Irish Bauman, Nena Cook, and Ater Wynne LLP; and Joel A. Mullin, and Stoel Rives LLP filed the combined answering and cross-opening brief. Michael J. Sandmire, Nena Cook, and Ater Wynne LLP; and Joel A. Mullin, and Stoel Rives LLP filed the reply brief on cross-appeal. Michael J. Sandmire, and Buchalter; and Rachel Lee, and Stoel Rives LLP filed the supplemental briefs for respondents-cross-appellants.

Trenton H. Norris, Raqiyyah R. Pippins, Said O. Saba, Jr., and Arnold & Porter Kaye Scholer LLP; and R. Daniel Lindahl, and Bullivant Houser Bailey PC filed the brief amici curiae for Counsel for Responsible Nutrition.

Before Aoyagi, Presiding Judge, Lagesen, Chief Judge, and DeVore, Senior Judge.

This case is on remand to us from the Supreme Court. It arises under the Unlawful Trade Practices Act (UTPA), ORS 646.605 to 646.656. See State ex rel Rosenblum v. Living Essentials, LLC, 371 Or. 23, 529 P.3d 939 (2023) (Living Essentials II); State ex rel Rosenblum v. Living Essentials, LLC, 313 Or.App. 176,...

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