Levit
Levit v. Nature's Bakery, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ANDREW LEVIT, Case No. 24-cv-02987-JST
Plaintiff,
ORDER GRANTING IN PART AND
v. DENYING IN PART DEFENDANT’S
MOTION TO DISMISS
NATURE'S BAKERY, LLC, Re: ECF No. 15 Defendant.
12 Before the Court is Defendant Nature’s Bakery, LLC’s motion to dismiss. ECF No. 15. The Court will grant the motion in part and deny it in part. I. BACKGROUND For purposes of deciding this motion, the Court accepts as true the following factual allegations contained in Plaintiff Andrew Levit’s complaint. “Nature’s Bakery manufactures and sells various flavors of ‘fig bars’” (“Products”). ECF No. 1 ¶ 1. The packaging for Nature’s Bakery Products includes the statements “Wholesome Baked In,” “equal parts wholesome and delicious,” “what we bake in is as important as what we leave out,” “simple snacks made with real ingredients,” and “the best fuel for active . . . lives.” Id. The packaging also includes a “‘heart’ vignette next to…