Castillo

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ELIZABETH CASTILLO, Case No. 23-cv-03885-AMO

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART

MOTION TO DISMISS

PRIME HYDRATION LLC, Re: Dkt. No. 28 Defendant.

12 This case is about false advertising on sports drink labels. Prime Hydration LLC’s motion to dismiss was heard before this Court on April 18, 2024. Having read the papers filed by the parties and carefully considered their arguments therein and those made at the hearing, as well as the relevant legal authority, the Court hereby GRANTS IN PART and DENIES IN PART the motion to dismiss for the following reasons. I. BACKGROUND A. Factual Background Defendant Prime Hydration LLC (“Prime Hydration”) formulates, manufactures, markets, and sells Grape Sports Drink (“Sports Drink” or “product”). First Amended Complaint (“FAC”) (ECF 26) ¶¶ 1, 5. Prime Hydration sells Sports Drink directly to consumers through its website, at convenience stores, and at…