Jennifer Latiff v. Nestle USA Inc.

I. INTRODUCTION

18 Presently before the Court is Defendant Nestle USA, Inc.’s (“Defendant”), 19 Motion to Dismiss Plaintiff Jennifer Latiff’s Complaint under Federal Rule of Civil 20 Procedure (“FRCP”) 12(b)(6). (Mot. to Dismiss (“Mot.”) 1, ECF No. 14.) Plaintiff 21 brings this putative class action against Defendant under FRCP 23(a), (b)(2), and (b)(3). 22 (Compl. ¶ 34, ECF No. 1.) For the following reasons, Defendant’s Motion is

DENIED.

II. BACKGROUND

25 Plaintiff, a resident of Oxnard, California, alleges that she purchased “one or 26 more” of Defendant’s products labeled with its “No GMO Ingredients” seal in Oxnard

28 1 After carefully considering the papers filed in connection with the Motion, the Court deemed the matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; C.D. Cal. L.R. 7-15. 1 and Ventura during the class period. (Compl. ¶¶ 20, 22–24.) Plaintiff alleges that 2 Defendant violated the Federal Trade Commission guidelines by creating its own 3 deceptive seal that was affixed to products which falsely represented that the product is 4 certified as non GMO by a neutral, third party, when in…