Loza
Loza v. The Hershey Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 7 NICOLE LOZA, et al., Case No. 24-cv-01455-MMC (TSH)
Plaintiffs,
DISCOVERY ORDER
v. Re: Dkt. No. 47 THE HERSHEY COMPANY, Defendant.
13 The parties have four discovery disputes. ECF No. 47. The Court held a hearing concerning those disputes on December 17, 2024, and now issues the following order. A. Unpurchased Products Plaintiffs seek to take discovery concerning all 64 products listed in Exhibit C to the Complaint. The products are all Lily chocolate products that are labeled “Stevia Sweetened” (or in one case “Made with Stevia”). The Complaint alleges that consumers understand that representation to mean that the products are entirely, or at least predominantly, sweetened with Stevia, which is a natural plant-based sweetener with health benefits. Complaint ¶ 2. Plaintiffs allege that in reality, the products are primarily sweetened with erythritol, a highly processed sugar alcohol, which is not a natural sweetener and is linked to…