Backus
Backus v. Nestlé USA, Inc.
Opinion
Lead Opinion
Chesney, J.
ORDER GRANTING DEFENDANT NESTLÉ USA’S MOTION TO DISMISS FIRST AMENDED COMPLAINT
Before the Court is defendant Nestlé USA, Inc.’s (“Nestlé”) Motion to Dismiss the First Amended Complaint, filed July 17, 2015, pursuant to Rules 8, 9(b), 12(b)(1), and 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiff Troy Backus (“Backus”) has filed opposition, to which Nestlé has replied. The matter came on regularly for hearing on August 21, 2015, after which, with leave of Court, both parties have filed supplemental briefing. In addition, Nestlé has filed statements of recent authority, the last of which filings was submitted on January 4, '2016, and thereafter, on February 17, 2016, opposed by Backus. Having considered the parties’ respective written submissions and the arguments of counsel at the hearing, the Court rules as follows.
BACKGROUND
In the operative complaint, the First Amended Complaint (“FAC”), filed June 26, 2015, Backus alleges that Nestlé manufactures, markets, and sells Coffee-mate, a line of coffee-creamer products containing partially hydrogenated oil (“PHO”), an artificial form of trans fat. (See FAC ¶¶ 4-6, 21). Backus further alleges that PHO is an “illegal,…