McGarity

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MARGARET MCGARITY, on behalf of Case No. 24-cv-0714-BAS-DEB herself and all others similarly situated,

Plaintiff, ORDER GRANTING DEFENDANT’S v. MOTION TO DISMISS (ECF No. 12)

SUN-MAID GROWERS OF

15 CALIFORNIA and DOES 1 through 10, inclusive, Defendants. This case concerns whether Defendant Sun-Maid Growers of California (“Sun- Maid” or “Defendant”) violates California consumer protection laws by using the term “yogurt-covered” on the packages of its “Vanilla Yogurt Covered Raisins” and “Strawberry & Vanilla Yogurt Covered Raisins” (collectively, “the Products”). Defendant moves to dismiss Plaintiff Margaret McGarity’s (“Plaintiff” or “McGarity”) Complaint, primarily on the grounds that federal law preempts Plaintiff’s state-law claims. (ECF No. 12 or “Mot.”) Plaintiff opposes. (ECF No. 13 or “Opp’n.”) Defendant replies. (ECF No. 14.) The Court finds the motions suitable for…