Boris

ORDER GRANTING MOTION TO DISMISS

Pending before the Court is Defendant Wal-Mart Stores, Inc:, and Wal-Mart, corn’s (“Wal-Mart”) Motion to Dismiss (“Motion,” docket no. 25), filed on January 24, 2014. Plaintiffs Timothy Boris, Bonnie Cooper, Tony F. Girard, and Erika New-some (“Plaintiffs”) filed an Opposition and Wal-Mart filed a Reply. The Court heard oral argument on April 7, 2014. For the following reasons, the Court GRANTS the Motion.

I. BACKGROUND

In this putative class action lawsuit, plaintiffs Timothy Boris, Bonnie Cooper, Tony F. Girard, and Erika Newsome allege that Wal-Mart deceptively markets its Equate Migraine medication in violation of several laws. Plaintiffs contend that Equate Migraine and Equate Extra Strength Headache Relief (“Equate ES”) — both over-the-counter medications — contain the exact same active ingredients in the same amounts, yet Wal-Mart charges two to three times more for Equate Migraine than it does for Equate ES, and Equate Migraine’s package has a red background while Equate ES’s package has a green background. First Amended Complaint (“FAC,” docket no. 18) ¶ 2. Plaintiffs contend that Equate Migraine’s price differential along with its…