Shin

Shin v. Nissin Foods CA2/5

Good Law
Court of Appeal of CaliforniaFebruary 27, 2025B333063California3,809 words

Opinion

Opinion

I. INTRODUCTION

Plaintiff Sue Shin appeals from a judgment following an order granting defendant Nissin Foods (U.S.A.) Co., Inc.’s motion for judgment on the pleadings. We affirm.

II. BACKGROUND

A. Facts

Defendant produces packaged noodle products that are distributed under the brand names Top Ramen, Cup Noodles, and Chow Mein. Between August 2018 and December 2019, plaintiff purchased three such products: Top Ramen Beef Flavor, Cup Noodles Soup Chicken Flavor, and Cup Noodle Seafood. Each of these three products included a label that stated “NO ADDED MSG*” within a blue circle. Immediately below, or next to, that statement was another label, in a smaller font size: “*CONTAINS SMALL AMOUNTS OF NATURALLY

Defendant cross-appealed, asserting the trial court erred by finding that plaintiff had standing to bring her claims. In light of the disposition we reach in this case, defendant has failed to demonstrate how, as the prevailing party below and on appeal, it is an aggrieved party for purposes of standing to appeal. (Code Civ. Proc., § 902; In re K.C. (2011) 52 Cal.4th 231, 236 [“An aggrieved person, for this purpose, is one whose rights or interests are…

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