Prescott
Prescott v. Nestle USA, Inc
Opinion
Trial Court Opinion
1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 5 STEVEN PRESCOTT and LINDA Case No. 19-cv-07471-BLF CHESLOW, individually and on behalf of all others similarly situated,
ORDER GRANTING MOTION TO
Plaintiffs, DISMISS FIRST AMENDED
COMPLAINT WITH LEAVE TO
v. AMEND
NESTLE USA, INC, [Re: ECF 27]
Defendant.
12 Plaintiffs Steven Prescott and Linda Cheslow bring this putative class action against Defendant Nestle USA, Inc., seeking to assert state law consumer claims on behalf of persons who purchased “Nestle Toll House’s Premier White Morsels” (the “Product”). Plaintiffs claim that Nestle’s labeling and advertising misleads consumers into believing that the Product contains white chocolate when in fact it does not. Nestle moves to dismiss the operative first amended complaint (“FAC”) for failure to state a claim upon which relief may be granted, pursuant to Federal Rule of Civil Procedure 12(b)(6). The Court…