In re Trader Joe's Tuna Litig.

I. INTRODUCTION

Defendants Trader Joe's Company and Trader Joe's East Inc. (collectively, "Trader Joe's") move to dismiss Plaintiffs' Second Amended Complaint ("SAC") on several bases. (ECF No. 55.) On June 2, 2017, the Court granted Trader Joe's Motion to Dismiss Plaintiffs' First Amended Complaint ("FAC"), with leave to amend. (ECF No. 54.) For the reasons discussed below, the Court GRANTS, IN PART, and DENIES, IN PART, Trader Joe's Motion.

II. FACTUAL BACKGROUND

Plaintiffs allege a consumer class action relating to Trader Joe's allegedly illegal *1080 and deceptive practices of under filling cans of tuna, despite consumers' expectations that the cans would contain an "adequate amount." (SAC ¶¶ 1, 12-13, ECF No. 55.) Plaintiff Sarah Magier is a citizen of New York who purchased Trader Joe's Albacore Tuna in Water No Salt Added in New York, through the end of 2013, and wishes to represent a subclass of all class members who purchased Trader Joe's tuna in New York. ( Id. ¶¶ 12, 20.) Plaintiff Atzimba Reyes is a citizen of California, and purchased 5-ounce canned Trader Joe's Albacore Tuna in Water Salt Added. ( Id. ¶ 13.) Reyes wishes to represent a subclass of all Californians…