Vizcarra
Vizcarra v. Unilever United States, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 LISA VIZCARRA, CASE NO. 4:20-cv-02777-YGR
Plaintiff, ORDER DENYING MOTION TO DISMISS AND
GRANTING MOTION TO FILE A STATEMENT
vs. OF RECENT DECISION UNILEVER UNITED STATES, INC., Re: Dkt. Nos. 7, 20 Defendant.
12 Plaintiff Lisa Vizcarra brings this putative class action against defendant Unilever United States, Inc. (“Unilever”) for claims arising out of Unilever’s labeling and marketing of Breyers Natural Vanilla Ice Cream as containing vanilla flavor derived exclusively from the vanilla plant. Vizcarra alleges that the labeling and marketing for this product is false and misleading because laboratory testing of the ice cream revealed that its vanilla flavor primarily is derived from substances other than the vanilla plant. Pending before the Court is Unilever’s motion under Federal Rules of Civil Procedure 12(b)(6) and 12(b)(1) to dismiss Vizcarra’s claim for damages under the Consumer Legal Remedies Act…