Sinatro

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MATTHEW SINATRO, et al., Case No. 22-cv-03460-DMR

Plaintiffs,

ORDER ON MOTION TO DISMISS

v. FIRST AMENDED COMPLAINT

BARILLA AMERICA, INC., Re: Dkt. No. 15 Defendant.

Plaintiffs Matthew Sinatro and Jessica Prost filed this putative class action against Defendant Barilla America, Inc. (“Barilla”) alleging false, misleading, and deceptive marketing practices with respect to the labeling of certain of its Barilla-brand pastas. Barilla moves pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) to dismiss the amended complaint. [Docket No. 15.] This motion is appropriate for determination without oral argument. Civ. L.R. 7-1(b). For the following reasons, the motion is granted in part and denied in part. I. BACKGROUND Plaintiffs make the following allegations in the amended complaint, all of which are taken as true for purposes of the motion to dismiss. Barilla is a corporation headquartered in…