Husain

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 10 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

SYED HUSAIN, No. 24-6041 D.C. No. Plaintiff - Appellant, 3:24-cv-01776-CRB v.

MEMORANDUM*

CAMPBELL SOUP COMPANY,

Defendant - Appellee.

Appeal from the United States District Court for the Northern District of California Charles R. Breyer, District Judge, Presiding

Argued and Submitted November 21, 2025 San Francisco, California

Before: S.R. THOMAS, BRESS, and MENDOZA, Circuit Judges. Dissent by Judge MENDOZA.

Syed Husain appeals from the district court’s Rule 12(b)(6) dismissal of his

putative class action suit alleging that Kettle Brand “Air Fried” chips are deceptively

labeled as air fried when they are, in fact, deep fried in oil. We review the dismissal

of a case under Rule 12(b)(6) de novo. Moore v. Trader Joe’s Co., 4 F.4th 874, 880

(9th Cir. 2021). Dismissal under Rule 12(b)(6) “is appropriate when the complaint

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule…