Ham
Ham v. Hain Celestial Group, Inc.
Opinion
Lead Opinion
Orrick, J.
ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS; GRANTING PARTIES’ REQUESTS FOR JUDICIAL NOTICE
Re: Dkt. Nos. 25,
INTRODUCTION
Defendant Hain Celestial Group Inc. manufactures Earth’s Best Organic Mini Waffles (the “Waffles”), which are identified as “All Natural” on their labels. Plaintiff Ana Belen Ham alleges that the Waffles are not, in fact, “All Natural” because they contain sodium acid pyrophosp-hate (“SAPP”), a synthetic substance, and sued Hain for violations of California consumer protection laws, fraud, breach of contract, breach of express warranty, and unjust enrichment.
Hain moves to dismiss Ham’s complaint. The papers repeat well-worn arguments from numerous similar cases, and I will apply the reasoning that has developed in the Northern District of California. Hain’s motion is GRANTED IN PART and DENIED IN PART. Ham’s breach of contract claim is dismissed because the parties lack privity, the unjust enrichment claim is dismissed because unjust enrichment is not an independent cause of action, and injunctive relief is not available. The motion is denied in all other respects because Ham has plausibly alleged that the “All Natural” label is…