Miller v. Nature's Path Foods, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 IAN MILLER, Case No. 23-cv-05711-JST Plaintiff,

ORDER DENYING MOTION TO

v. DISMISS AND STRIKE NATURE'S PATH FOODS, INC., Re: ECF Nos. 31, 32 Defendant. 11 12 Before the Court is Nature’s Path’s motion to dismiss and motion to strike. ECF Nos. 31, 32. The Court will deny both motions. I. BACKGROUND Nature’s Path is a Canadian company that “manufactures, distributes, markets, advertises, and sells a variety of breakfast and snack products under the brand names ‘Nature’s Path,’ ‘Envirokids,’ ‘Love Crunch,’ and others.” ECF No. 1 ¶¶ 11, 17. Plaintiff Ian Miller on multiple occasions purchased Nature’s Path’s Heritage Flakes, Flax Plus Raisin Bran, Flax Plus Multibran Flakes, and the Heritage Original Crunch cereals from retail stores in California. Id. ¶ 60. Miller made his purchases after reading and relying on the products’ front label claims that they contained 5 grams of protein per serving. Id. ¶ 61. Miller claims these…