Yumul

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS

I. BACKGROUND

Rebecca Yumul filed this putative class action against defendant Smart Balance, Inc. (“Smart Balance”) on February 8, 2010. Yumul’s complaint alleges that she purchased Nucoa margarine, a product manufactured by Smart Balance, repeatedly during the class period, from January 1, 2000 until the present.

Yumul alleges that Nucoa contains artificial trans fat, which raises the risk of coronary heart disease by raising the level of “bad” LDL blood cholesterol and lowering the level of “good” HDL blood cholesterol. Yumul also alleges that trans fat causes cancer and type 2 diabetes. Despite the ill effects of trans fat, Smart Balance markets Nucoa as “cholesterol free.” Yumul alleges that while possibly true, this statement is misleading, since consumption of Nucoa in fact raises the level of LDL blood cholesterol. Yumul contends that use on the product packaging of the word “healthy,” (in Spanish, “saludable”) is also misleading because of the negative health effects of trans fat.

Yumul asserts that any statute of limitations that might otherwise bar the action must be tolled because Smart…