Lengen

Lengen v. General Mills, Inc.

Good Law
185 F. Supp. 3d 1213·2016 WL 2602416·2016 U.S. Dist. LEXIS 60091
United States District Court, Eastern District of CaliforniaMay 5, 2016No. 2:15-cv-02262-MCE-KJNCalifornia4,681 words

Opinion

Lead Opinion

England, J.

MEMORANDUM AND ORDER

Plaintiffs Keri Van Lengen and Deborah Nava (collectively “Plaintiffs”), filed this putative class action against Defendants General Mills, Inc., General Mills Sales, Inc., General Mills Operations, LLC, Roxanne Ornelas, and Does 1-50, (collectively “Defendants”) setting forth five claims for relief: (1) violation of California’s Unfair Business Practices Act (“CUBPA”); (2) violation of California’s Unfair Competition Law (“UCL”); (3) violation of California’s Consumer Legal Remedies Act (“CRLA”); (4) unjust enrichment; and (5) breach of express warranty. Presently before the Court are Defendants’ Motions to Dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) 1 and Defendants’ Motion to Strike Plaintiffs’ class allegations pursuant to Rule 12(f). ECF No. 9. For the following reasons, Defendants’ motions are GRANTED in part and DENIED in part.

BACKGROUND

Beginning in July 2015, Defendants began a manufacturing process to produce *1216 certain of their Cheerios cereal products without gluten. Defendants labeled these Cheerios products as “gluten free.” After Defendants began selling these gluten free products, the U.S. Food and Drug…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.