Alaei
Alaei v. Rockstar, Inc.
Opinion
Lead Opinion
Houston, J.
ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S FIRST AMENDED COMPLAINT (DOC. NO. 6)
INTRODUCTION
Pending before the Court is the motion to dismiss and/or strike Plaintiff Suzanne Alaei’s (“Plaintiff’) first amended complaint filed by Defendants Rockstar, Inc. and Rockstar Beverage Corporation (collectively “Defendants”). (See Doc. No. 6). The motion has been fully briefed. After careful consideration of the pleadings, and *995 for the reasons set forth below, the Court GRANTS Defendants’ motion to dismiss.
BACKGROUND
Defendants are Nevada corporations that manufacture, distribute, and sell energy drinks under the brand name Rockstar. (Doc. No. 4, ¶¶ 7, 8). Plaintiff is a consumer who purchased at least one of Defendants’ energy drinks. Id. ¶¶ 6, 19. Specifically, on November 19, 2015, Plaintiff entered the CVS Pharmacy located at 1101 S. Mission Road in Fallbrook, California, and purchased a Rockstar Sugar Free energy drink for $2.20. Id. ¶¶ 19, 20. The phrase “Made In The USA” and an image of the United States were displayed on the beverage’s can. Id. ¶ 19. Plaintiff contends that she relied upon that advertising in deciding to purchase the drink, and, had she been…