Karissa Gates v. Upfield US Inc.

I. Introduction

Before the Court is a motion to dismiss brought by Upfield US Inc. (“Defendant”). Dkt. 27 (“Mot.”). For the following reasons, the motion is GRANTED. Il. Factual and Procedural Background Defendant sells a 79% vegetable oil blend identified as “Plant Butter” (the “Product’”). First Amended Complaint (“FAC”) § 37, ECF No. 25. The Product’s front label displays the words “made with avocado oil” or “with avocado oil” and a picture of a partial avocado in the upper nght-hand corner. Jd. It also states “79% vegetable oil spread” in the bottom left-hand comer. Jd. Avocado oil is a type of vegetable oil known for its healthy qualities. /d. 13-14. Sellers of vegetable oil blends have sought to promote avocado oil in response to the declining popularity of vegetable oil spreads caused by growing health concerns. Jd. 4-14. On the back of the Product’s packaging, there is an ingredient list which suggests that avocado oil is an ingredient in the Product but in an amount less than other vegetable oils. Jd. { 39. Karissa Gates and Janine Hwang (collectively, “Plaintiffs”) bought the Product between December 2019 and December 2023 with the expectation that the…