Warren

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Ethel Warren & Christian Campos, individually No. 2:23-cv-01926-KJM-AC and on behalf of all others similarly situated, ORDER B Plaintiffs, v: I-Health, Inc., Defendant. 17 Defendant I-Health moves to dismiss plaintiffs Ethel Warren and Christian Campos’s 19 putative class action complaint based on alleged product misbranding, arguing plaintiffs lack 20 constitutional and statutory standing, their claims are preempted by federal law and the complaint fails to state a claim for relief. Plaintiffs have opposed, and I-Health has replied. The court 22 grants the motion to dismiss with prejudice. 23 I. BACKGROUND Plaintiffs’ allegations concern two Products sold by defendant: Culturelle Probiotics 25 Ultimate Balance for Antibiotics and Culturelle Kids Probiotics Ultimate Balance for Antibiotics (“Products”). See Mot. at 1, ECF No. 14; see generally Compl., ECF No. 1. …