Page 35 of 40 COUNT 14 False Advertising in Violation of Business and Professions Code Section 17500, et seq. (Against All Defendants) 161. Plaintiffs incorporate by reference all foregoing factual allegations as if fully set forth herein. 162. Plaintiffs bring this claim for relief for false advertising in violation of California Business and Professions Code Section 17500 under the alternative theory in the event the Court were to consider Tokens in the manner offered not to be a security. 163. Defendants operate a business where and through which they intend to and did sell, or purported to sell, cryptocurrency in the form of Bitcoin Latinum Tokens to members of the general public, including to Plaintiffs. 164. Defendants caused to be made or disseminated through California and the United States through advertising, marketing and other publications, statements that were untrue or misleading, and which were known, or which by the exercise of reasonable care should have been knows to Defendants, to be untrue and misleading to consumers and to Plaintiffs. 165. Defendants violated California Business and Professions Code Section 17500 because the misrepresentations and omissions they made, as set forth above in this Complaint, were material and likely to deceive a reasonable consumer or investor. Case 2:22-cv-10208-RHC-JJCG ECF No. 1, PageID.35 Filed 02/01/22 Page 35 of 40
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