McCoy

McCoy v. Nestle USA, Inc.

Good Law
173 F. Supp. 3d 954·2016 WL 1213904·2016 U.S. Dist. LEXIS 41601
United States District Court, Northern District of CaliforniaMarch 29, 2016Case No. 15-cv-04451-JCSCalifornia9,820 words

Opinion

Lead Opinion

Spero, J.

*956 ORDER GRANTING MOTION TO DISMISS

Re: Dkt. No.

I. INTRODUCTION

“The use of child slave labor in the Ivory Coast is a humanitarian tragedy.” Doe I v. Nestle USA, Inc., 766 F.3d 1013, 1016 (9th Cir.2014), The fact that major international corporations source ingredients for their products from supply chains involving slavery and the worst forms of child labor raises significant ethical questions. The issue before this Court, however, is whether California law requires corporations to inform customers of that fact on their product packaging and point of sale advertising. Every court to consider the issue has held that it does not. This Court agrees.

This is a putative class 'action in which Plaintiff Elaine McCoy claims that Defendant Nestlé USA, Inc. (“Nestlé”) violated California’s Unfair Competition Law (“UCL,” Cal. Bus. & Prof. Code §§ 17200-17210 ), Consumers Legal Remedies Act (“CLRA,” Cal. Civ. Code §§ 1760-1784 ), and False Advertising Law (“FAL,” Cal. Bus. & Prof. Code §§ 17600-17509 ) by failing to disclose on the packaging of Nestlé’s chocolate products that some of the cocoa used therein originated at farms in Cóte d’Ivoire (also known as the Ivory Coast) that…

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