Salazar

ORDER

This matter is before the court on defendant Honest Tea, Ine.’s (“defendant” or “Honest Tea”) Motion to Dismiss plaintiffs Complaint under Federal Rule of Civil Procedure 12(b)(6). (Def.’s Mot. to Dismiss, ECF 12.) Plaintiff Sarah A. Salazar (“plaintiff’ or “Ms. Salazar”) opposes the motion. (Pl.’s Opp’n, ECF 16.) The court held a hearing on the matter on April 25, 2014, at which Annick Persinger and Yere: mey Krivoshey appeared for plaintiff and Travis Tu and Tammy Webb appeared for defendant. As explained below, the court *1308 GRANTS in part and DENIES in part defendant’s motion. Also before the court is plaintiffs request for judicial notice (ECF 17.)

I. RELEVANT BACKGROUND

A. ALLEGED FACTS

This putative class action arises out of Honest Tea’s alleged dishonesty. (See (Pl.’s Compl. ¶1, ECF 1 (“Compl.”)).) Plaintiff alleges defendant’s Honey Green Tea bottles did not contain the amount of antioxidants represented on their labels. (Id. ¶ 2.) Specifically, plaintiff alleges that independent testing by a laboratory retained by plaintiffs counsel determined the bottles contained an average of 186.7 mg of flavonoids per bottle, equivalent to 24 percent below the “247 mg…