Balistreri

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 KELLY BALISTRERI, et al., Case No. 5:22-cv-00349-EJD

Plaintiffs, ORDER GRANTING MOTION TO

DISMISS

v.

MCCORMICK & COMPANY, INC., Re: Dkt. No. 32 Defendant.

Plaintiffs Kelly Balistreri, Tony Michel, Tam Dang, Lance Snead, Frank Ortega, Hollie Pour, and Jason Jordan (collectively “Plaintiffs”), individually and on behalf of all others similarly situated, initiated this suit against Defendant McCormick & Company, Inc., (“McCormick” or “Defendant”) seeking damages and injunctive relief for McCormick’s alleged continuing misrepresentations and failure to disclose to consumers that certain McCormick herbs and spices (“Products”) contained lead, arsenic, and cadmium (“Heavy Metals”). McCormick filed a motion to dismiss under Rule 12(b)(1) for lack of jurisdiction and Rule 12(b)(6) for failure to state a claim. Plaintiffs filed an Opposition, and McCormick filed a Reply. Having carefully reviewed the relevant…