Hadley

Hadley v. Kellogg Sales Co.

Good Law

243 F. Supp. 3d 1074·2017 WL 1065293·2017 U.S. Dist. LEXIS 40825

United States District Court, Northern District of CaliforniaMarch 21, 2017Case No. 16-CV-04955-LHKCalifornia15,025 words

Opinion

Lead Opinion

Koh, J.

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

Plaintiff Stephen Hadley (“Plaintiff’) brings the instant suit against Defendant Kellogg Sales Company (“Defendant”) for allegedly misleading statements on Defendant’s food product packaging. Before the Court is Defendant’s Motion to Dismiss. ECF No. 44 (“Mot.”). Having considered the parties’ briefing, the relevant law, and the record in this case, the Court GRANTS Defendant’s Motion to Dismiss.

I. BACKGROUND

Á. Factual Background

Defendant is a “multi-billion dollar food company that manufactures, markets, and sells a wide variety of cereals and bars, among other foods.” ECF No. 27, First Amended Complaint (“FAC”) ¶ 109. Defendant is allegedly “the world’s leading producer of cereal.” Id. Defendant allegedly has “positioned itself in the market as a purportedly ‘health/ brand of processed food, by using various labeling statements to suggest its foods, especially its cereals and bars, are healthy choices.” Id. ¶ 113.

Plaintiff “has been a frequent cereal eater for many years.” Id. ¶366. Over the past several years, Plaintiff has purchased Defendant’s breakfast cereals and cereal bars. Id. ¶ 367-68. During that time period,…

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