Zeiger

Plaintiffs Daniel Zeiger, Danz Doggie Daytrips ("Danz"), and Amy Freeborn allege that WellPet LLC ("WellPet") and its parent company Berwind Corporation ("Berwind," and collectively with WellPet, "defendants") manufacture, market, and sell certain dog food products that are contaminated with the toxins arsenic and lead, and the chemical Bisphenol A ("BPA"). Plaintiffs allege that defendants knowingly, recklessly, or negligently sold these contaminated products without disclosing their presence on the labels, which make certain health claims and safety assurances. They now bring suit on behalf of themselves, a nationwide class, and a California subclass for negligent misrepresentation, violations of California's Consumer Legal Remedies Act ("CLRA"), violations of California's False Advertising Law ("FAL"), violations of California's Unfair Competition Law ("UCL"), breach of express and implied warranty, and violation of California Health and Safety Code Section 113095. Defendants move to dismiss all claims against them on several grounds. For the foregoing reasons, I GRANT IN PART and DENY IN PART Defendants' motion.

BACKGROUND

WellPet is a subsidiary of Berwind. Amended…