Von Koenig v. Snapple Beverage Corp.

MEMORANDUM AND ORDER

This matter is before the court on defendant Snapple Beverage Corporation’s (“Snapple” or “defendant”) motion to dismiss plaintiffs Frances Von Koenig (“Von Koenig”) and Gay Cadwell’s (“Cadwell”) (collectively “plaintiffs”) Corrected Consolidated Class Action Complaint pursuant to Federal Rules of Civil Procedure 12(b)(6) and 9(b). Plaintiffs oppose the motion. For the reasons set forth below, defendant’s motion to dismiss is GRANTED in part and DENIED in part.

BACKGROUND

Defendant Snapple is in the business of producing and uniformly marketing beverage products to the general public throughout the United States. (Pis.’ Corrected Consolidated Complaint [Docket # 67] (“Compl.”), filed Dec. 28, 2009, ¶ 20.) Plaintiffs Von Koenig and Cadwell purchased and consumed defendant’s drink products between March 4, 2005 and March 4, 2009. (Id. ¶¶ 10-11, 41.)

Plaintiffs bring this action both on their own behalf and on behalf of a class comprised of California consumers seeking to redress defendant Snapple’s allegedly deceptive, misleading, and untrue advertising and unlawful, unfair, and fraudulent business acts and practices and misrepresentations of the quality and…