Hawkins
Hawkins v. Kellogg Co.
Opinion
Lead Opinion
Houston, J.
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS (DOC. #8)
INTRODUCTION
Pending before the Court is Defendant Kellogg Company’s (“Defendant”) motion to dismiss Plaintiff Shavonda Hawkins’ (“Plaintiff’) complaint. (See Doc. # 8). The motion has been fully briefed by the parties. For the reasons set forth below, the Court GRANTS Defendant’s motion to dismiss and DISMISSES Plaintiffs complaint WITH PREJUDICE.
*1006 BACKGROUND
Defendant manufactures, distributes, and sells various types of cookies under the brand name Mother’s Cookies. (Doc. # 1, ¶¶ 3, 10). Plaintiff is a consumer who has repeatedly purchased Mother’s Cookies since January 1, 2008. Id. ¶¶ 8, 11, 64, 95. On January 1, 2016, Plaintiff filed a putative class action lawsuit challenging Defendant’s use of partially hydrogenated oil (“PHO”) in its cookies. (See Doc. # 1). Plaintiff asserts that PHO is a source of artificial trans fat and that “there is ‘no safe level’ of PHO or artificial trans fat intake” because PHO and artificial trans fat cause inflammation, heart disease, diabetes, cancer, Alzheimer’s disease, and cognitive damage. Id. ¶¶ 4, 16, 17, 54, Plaintiff further asserts that there are safe, economical…