LeGrand
LeGrand v. Abbott Laboratories
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CONDALISA LEGRAND, Case No. 22-cv-05815-TSH
Plaintiff,
ORDER GRANTING IN PART AND
v. DENYING IN PART MOTION TO
DISMISS
ABBOTT LABORATORIES, Re: Dkt. No. 131 Defendant.
12 I. INTRODUCTION Condalisa LeGrand brings this putative class action against Abbott Laboratories, alleging certain statements on the labels of Abbott’s Ensure® nutrition drinks are false and misleading. Plaintiff’s Second Amended Complaint (“SAC”) adds the “Ensure Plus” line of nutrition shakes to Plaintiff’s list of challenged products. Abbott now moves for partial dismissal pursuant to Federal Rules of Civil Procedure 12(b)(6), arguing LeGrand fails to state a claim with respect to two statements on the Ensure Plus label: “Complete, Balanced Nutrition” and “350 calories to help gain or maintain a healthy weight.” ECF No. 131. LeGrand filed an Opposition (ECF No. 147) and Abbott filed a Reply (ECF No. 150). The Court finds…