Echeverria-Corzan

facts, the applicable legal standards, and the arguments made by the parties. The parties’ briefs focus primarily on whether or not Benzalkonium Chloride (BAC) is an “ingredient” that must be disclosed under the relevant federal regulations. But it is not clear whether that matters at this stage. To the extent that the plaintiffs’ theory is premised on nondisclosure under the federal regulations, that would raise a potential preemption issue. See Perez v. Nidek Co., 711 F.3d 1109, 1119–20 (9th Cir. 2013) (holding that a fraud by omission claim resting solely on nondisclosure under federal law is impliedly preempted). But regardless of whether BAC is an ingredient under the federal regulations, it can still be misleading to have a front label that says the product only contains two ingredients, water and a drop of fruit juice, when, in fact, it also may traces of a harmful chemical. Under these circumstances, a reasonable consumer could find the statement on the front label deceptive, even if BAC does not qualify as an “ingredient” that must be included on the ingredients list under the federal regulations. Apart from preemption, WaterWipes argues that the plaintiffs have not…