Tucker

1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 PETER TUCKER, CASE NO. 19-cv-03993-YGR

6 Plaintiff,

ORDER DENYING MOTION TO DISMISS

7 vs. Re: Dkt. Nos. 24, 38 8 POST CONSUMER BRANDS, LLC, 9 Defendant.

10 Plaintiff Peter Tucker brings this putative class action alleging that the branding and 11 packaging of defendant Post Consumer Brands, LLC’s “Honey Bunches of Oats” cereal falsely 12 and deceptively conveyed that honey was a primary or significant sweetener, when in fact, refined 13 substances were the primary sweeteners. The operative complaint alleges three causes of action 14 for violations of the California Consumers Legal Remedies Act, Cal. Civ. Code § 1750 et seq. 15 (“CLRA”); California False Advertising Law, Cal. Bus. & Prof. Code § 17500 et seq. (“FAL”); 16 and California Unfair Competition Law, Cal. Bus. & Prof. Code § 17200 et seq. (“UCL”). 17 Pending before the Court is defendant’s motion to dismiss the amended complaint pursuant 18 to Federal Rule of Civil Procedure 12(b)(6). Having carefully considered the pleadings…