Castillo

1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 7 REBECA CASTILLO, Case No. 5:24-cv-06757-BLF

8 Plaintiff,

ORDER GRANTING IN PART AND

9 v. DENYING IN PART DEFENDANT’S

MOTION TO DISMISS; AND

10 WALMART, INC., GRANTING DEFENDANT’S MOTION

TO STRIKE

11 Defendant. [Re: Dkt. No. 21] 12 13 Plaintiff Rebeca Castillo (“Castillo”) brings this putative class action on behalf of herself 14 and a proposed class of consumers seeking redress for Defendant Walmart, Inc.’s (“Walmart”) 15 alleged “deceptive practices associated with the advertising, labeling, and sale of its Parent’s 16 Choice Yogurt Bites Freeze-Dried & Yogurt Fruit Snacks.” Dkt. No. 1 (“Compl.”) ¶ 1. Castillo 17 alleges that, among various “clean label claims” related to the Yogurt Bites, “Walmart boldly 18 claims the Product contains ‘No Preservatives.’” Id. ¶ 2. Yet the ingredient label reveals that the 19 snacks contain “ascorbic acid,” which Plaintiff alleges is “a chemical preservative.” …