Butts
Butts v. Cibo Vita, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOI BUTTS, No. 2:22-cv-00644-DAD-KJN Plaintiff, v. ORDER GRANTING DEFENDANT’S
MOTION TO DISMISS PLAINTIFF’S
CIBO VITA, INC., COMPLAINT Defendant. (Doc. Nos. 4, 5) 16 This matter is before the court on defendant’s motion to dismiss plaintiff’s complaint (Doc. No. 4.) The pending motion was taken under submission by the previously assigned district judge on July 8, 2022. (Doc. No. 15.) For the reasons explained below, defendant’s motion to dismiss will be granted. BACKGROUND On April 11, 2022, plaintiff Joi Butts filed the complaint initiating this putative consumer protection class action against defendant Cibo Vita, Inc., a food product manufacturing company. (Doc. No. 1 at ¶¶ 1–4, 13.) Therein, plaintiff alleges that defendant used deceptive, false, and misleading business practices in marketing and labeling its trail mix products as “heart healthy,” 26 …