Welk

ORDER OF DISMISSAL

This putative class action against Beam Suntory Import and Jim Beam Brands *1041 (collectively, “Jim Beam”) centers on the use of the word “handcrafted” on Jim Beam Bourbon bottle labels. Scott Welk’s complaint alleges the labels are misleading because the bourbon isn’t handcrafted. He asserts causes of action for violation of California’s false advertising law, Cal. Bus. & Prof. Code § 17500 et seq. (“FAL”), violation of California’s unfair competition law, id. at § 17200 et seq. (“TJCL”), intentional misrepresentation, and negligent misrepresentation, Jim Beam has filed a motion to dismiss, arguing (1) under California’s safe harbor doctrine, its compliance with federal labeling law insulates it from Welk’s claims, (2) Welk fails to state a plausible claim because he hasn’t alleged facts to show that the label would mislead a reasonable consumer, and (3) the economic loss doctrine bars Welk’s negligent misrepresentation claim. (Docket no. 5.)

I. Background

A. Jim Beam Bourbon Label

Welk includes a copy of the Jim Beam Bourbon label in his complaint. (Docket no. 1 at ¶¶32, 33.) The label covers the front and two sides of the bottle. (Id. at ¶ 32.) One of…