Mccausland

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 IAN MCCAUSLAND, et al., Case No. 23-cv-04526-PCP

Plaintiffs, ORDER GRANTING DEFENDANT'S v. MOTION TO DISMISS IN PART AND

DENYING IN PART

PEPSICO, INC., Re: Dkt. No. 31 Defendant.

12 In this class action lawsuit, plaintiffs Ian McCausland, Carlo Garcia, and Michael Zurl allege that PepsiCo, Inc. deceptively advertises and labels its Gatorade Protein Bars.1 PepsiCo now moves to dismiss plaintiffs’ first amended complaint under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). For the reasons set forth herein, PepsiCo’s motion is granted in part and denied in part. PROCEDURAL BACKGROUND PepsiCo previously moved to dismiss plaintiffs’ initial complaint under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). The Court granted its motion in part and denied its motion in part. Specifically, the Court rejected PepsiCo’s motion to dismiss plaintiffs’ complaint in its entirety on the ground…