Silver

BACKGROUND

21 This is a consumer class action. Defendant BA Sports Nutrition, LLC (“BA”) is a sports 22 drink company which produces and sells BodyArmor SuperDrink sports drinks (“BodyArmor”) 23 with flavors such as Banana Strawberry, Blackout Berry, Fruit Punch, Orange Mango and Grape. 24 Compl ¶¶ 2, 55, 63. According to the complaint, BodyArmor is a sugar-sweetened-beverage 25 (“SSB”) “that scientifically links to serious medical conditions, including obesity, type 2 diabetes, 26 and cardiovascular disease, when regularly consumed.” Id. ¶ 11. Plaintiffs allege that BodyArmor 27 1 BA advertises that BodyArmor provides “Superior Hydration” on the label of its sports 2 drinks, and through other marketing such as in-store displays, social media and television. Id. ¶ 5. 3 The complaint also references non-label advertising, such as on billboards, promoting BodyArmor 4 as the “More Natural Better Hydration” drink. See, e.g. id. ¶¶ 65-66, Images 3-11.1 The complaint 5 alleges that “[b]eyond superior and better natural hydration claims, BA markets that BodyArmor is 6 good for you because it is packed with essential vitamins and nutrients.” Id. ¶ 6; see also id.…