Husain
Husain v. Campbell Soup Company
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 SYED HUSAIN, Case No. 24-cv-01776-CRB Plaintiff,
ORDER GRANTING MOTION TO
v.
DISMISS
CAMPBELL SOUP COMPANY, Defendant. Plaintiff Syed Husain brings this putative class action against Defendant Campbell Soup Company alleging that Defendant deceptively labels and advertises its Kettle Brand Air Fried potato chips (the “Product”) as being air fried when the chips are actually cooked in oil. See Am. Compl. (dkt. 3) ¶ 3–5. Defendant moves to dismiss Plaintiff’s amended complaint. Mot. (dkt. 23). Because the front label discloses that the Product is kettle cooked, Plaintiff’s case, too, is fried. The Court GRANTS the motion to dismiss. I. BACKGROUND Defendant Campbell Soup Company manufactures, markets, distributes, and sells potato chips under the “Kettle Brand” name, including some labeled as “Air Fried” (the “Product”). Am. Compl. ¶ 1. Plaintiff Syed Husain, a resident of California, purchased the Product…