Chavez

Chavez v. Blue Sky Natural Beverage Co.

Good Law
340 F. App'x 359
United States Court of Appeals for the Ninth CircuitJune 23, 2009No. 07-16154California1,663 words

Opinion

Lead Opinion

MEMORANDUM **

Appellant Chris Chavez challenges the district court’s dismissal with prejudice of his class-action complaint, which contains allegations that Blue Sky Natural Beverage Co., Hansen Natural Corp., and Hansen Beverage Company (collectively “ap-pellees”) violated various California laws by misrepresenting the origins of their beverage products. Having jurisdiction under 28 U.S.C. § 1291 , we conclude that Chavez’s complaint is sufficient to state a claim on the question of injury-in-fact. Accordingly, we reverse and remand.

*360 Appellees develop, market, sell, and distribute a variety of beverage products, including natural sodas, fruit juices, and sports drinks 1 . In September 2000, appel-lees acquired the “Blue Sky” product line from Blue Sky Natural Beverage Co., a company that had been based in and operated from Santa Fe, New Mexico since 1980. From September 2000 until mid-2006, the following information appeared on the labels of Blue Sky beverage containers: “SANTA FE, NEW MEXICO” or “SANTA FE, NM.” Moreover, the label on each container included the words: “CANNED FOR THE BLUE SKY NATURAL BEVERAGE COMPANY SANTA FE, NM 87501” or “CANNED UNDER THE AUTHORITY OF…

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