Williams v. Gerber Products Co.

ORDER GRANTING MOTION TO DISMISS ALL CLAIMS WITH PREJUDICE AND WITHOUT LEAVE TO AMEND

Defendant Gerber Products Company (“Gerber”) moves to dismiss all eight claims alleged in Plaintiffs Third Amended Complaint (“TCC”). Plaintiffs Nakia Williams and Rita Tabiu oppose the motion. Pursuant to Local Rule 7.1(d)(1), this matter is appropriate for decision without oral argument. For the reasons set forth below, the court grants the motion to dismiss all claims with prejudice and without leave to amend.

BACKGROUND

On June 23, 2005 Plaintiffs commenced this action as a purported class action against Gerber and Novartis Corporation (“Novartis”). At issue is the advertising and product labeling used to promote one of Gerber’s products known as Gerber Graduates for Toddlers Fruit Juice Snacks (“Snacks”). Plaintiffs allege that Gerber is a “part of the Novartis group of companies.” In an unopposed motion, the court granted Novartis’s motion to dismiss for lack of personal jurisdiction.

Plaintiffs allege that the packaging for Snacks is deceptive in the following ways: (1) the principal display panel features the words “Fruit Juice” and images of oranges, peaches, strawberries, cherries,…