Mccausland

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 IAN MCCAUSLAND, et al., Case No. 23-cv-04526-PCP

Plaintiffs,

ORDER GRANTING MOTION TO

v. DISMISS IN PART

PEPSICO, INC., Re: Dkt. No. 18 Defendant.

12 In this lawsuit, plaintiffs Ian McCausland, Carlo Garcia, and Michael Zurl allege that PepsiCo, Inc. deceptively advertises that its Gatorade Protein Bars promote consumers’ fitness, health, athleticism, and well-being when they in fact contain high levels of total and added sugars that render such claims misleading. Plaintiffs further contend that Gatorade’s labeling of the bars as “Protein Bars” is deceptive or misleading because, in truth, the bars’ primary ingredient is sugar. PepsiCo now moves to dismiss plaintiffs’ complaint under Rules 12(b)(1) and 12(b)(6). For the following reasons, PepsiCo’s motion is granted in part and denied in part. Background Plaintiff Ian Mccausland is a self-proclaimed fitness enthusiast and resident of San…