Tucker

1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 4 PETER TUCKER, CASE NO. 19-cv-03993-YGR

Plaintiff,

ORDER DENYING MOTION TO DISMISS

vs. Re: Dkt. Nos. 24, 38 POST CONSUMER BRANDS, LLC, Defendant.

Plaintiff Peter Tucker brings this putative class action alleging that the branding and packaging of defendant Post Consumer Brands, LLC’s “Honey Bunches of Oats” cereal falsely and deceptively conveyed that honey was a primary or significant sweetener, when in fact, refined substances were the primary sweeteners. The operative complaint alleges three causes of action for violations of the California Consumers Legal Remedies Act, Cal. Civ. Code § 1750 et seq. (“CLRA”); California False Advertising Law, Cal. Bus. & Prof. Code § 17500 et seq. (“FAL”); and California Unfair Competition Law, Cal. Bus. & Prof. Code § 17200 et seq. (“UCL”). Pending before the Court is defendant’s motion to dismiss the amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). Having carefully considered the pleadings…