Cortina

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS PLAINTIFFS’ FIRST AMENDED CONSOLIDATED COMPLAINT [DOC. 31]

This putative class action arises from Plaintiffs’ allegations that Defendant manufactured, advertised, and sold mislabeled beverages. Defendant now moves to dismiss all claims in the First Amended Consolidated Complaint (“FACC”) under Federal Rule of Civil Procedure 12(b)(6) and alternatively, to strike two of the three listed beverages from the FACC. Plaintiffs oppose.

For the following reasons, the Court GRANTS IN PART and DENIES IN PART Defendant’s motion to dismiss and DENIES Defendant’s motion to strike.

I. BACKGROUND

Defendant Goya Foods, Inc. (“Defendant” or “Goya”) allegedly sells beverage products throughout the United States. (FACC ¶ 1, ECF No. 27.) Plaintiffs Tha-mar Cortina, Andrew Park, and Jilliann Perez (“Plaintiffs”) allege on behalf of themselves and all others similarly situated, that Defendant failed to disclose to the consuming public material facts about the levels of 4-MeI, a potential carcinogen, that its beverages “Malta Goya,” “Goya Sangria,” and “Goya Ginger Beer” allegedly contain. (Id. ¶¶ 1, 4.) Further, Defendant…