Reese

Order Granting Motion To Dismiss In Part And Staying Case

Plaintiff Robin Reese (“Plaintiff’) brings this putative class action against Defendants Odwalla, Inc. and The Coca-Cola Company (“Defendants”) alleging that certain of Defendants’ products have labels that do not comply with the requirements of the federal Food, Drug, and Cosmetics Act (“FDCA”), as adopted by the California Sherman Law, Cal. Health & Safety Code section 109875, et seq. (“Sherman Law”). Plaintiff alleges seven claims under California law: (1) violation of the California Unfair Competition Law (“UCL”); (2) violation of Cal. Business and Professions Code section 17200, based on unfair, unlawful and fraudulent conduct; (3) violation of the California False Advertising Law (“FAL”); (4) violation of California Business and Professions- Code section 17500, for misleading and untrue advertising; (5) violation of the California Consumer Legal Remedies Act, Cal. Civil Code section 1750, et seq.; (6) misrepresentation of goods to consumers; and (7) quasi-contract relief based upon an unjust enrichment theory.

Defendants have filed a Motion to Dismiss or, in the Alternative, to Strike Portions of Plaintiffs…