Riva
Riva v. Pepsico, Inc.
Opinion
Lead Opinion
Chen, J.
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS
(Docket No. 52)
Pending before the Court is Defendant Pepsico, Inc.’s (“Pepsi’s”) Motion to Dis *1049 miss the Amended Complaint of Plaintiffs Riva and Ardagna (collectively “Riva Plaintiffs”). Docket No. 52 (“Motion”). The operative complaint is the First Amended Complaint. Docket No. 51.
I. FACTUAL & PROCEDURAL BACKGROUND
Nine putative class actions were filed against Pepsi. In general, each action originally alleged that certain Pepsi products contain a carcinogen, 4-methylimida-zole (“4-MeI”), at levels that were unhealthy, because, among other things, they exceeded the levels which triggered warning labels under California Proposition 65.
Following a contested application, the Court appointed the attorneys for Plaintiffs Hall and Ree as interim lead counsel for consolidated class actions. Sciortino ECF, Docket No. 65. Interim lead counsel subsequently elected not to allege any personal injury or medical mo'nitoring claims in their consolidated amended complaint. The Court severed the Riva case from the consolidated actions to allow Plaintiffs Riva and Ardagna an opportunity to plead a personal injury claim seeking medical…