Prescott

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

10 STEVEN PRESCOTT et al., Case No. 20-cv-00102-NC 11 Plaintiffs, ORDER DENYING DEFENDANTS’ MOTION TO v. DISMISS 13 BAYER HEALTHCARE LLC, et al., Re: Dkt. No. 36 14 Defendants. 15 16 Before the Court is defendants Bayer HealthCare LLC and Beiersdorf, Inc.’s motion to dismiss plaintiffs Steven Prescott and Mike Xavier’s first amended complaint. In this putative class action lawsuit, Plaintiffs accuse Defendants of misleading consumers by labeling their sunscreens as “mineral-based” when the sunscreens contain active chemical ingredients. The Court finds that Plaintiffs claims are properly presented in this Court and that they have sufficiently stated their claims. Accordingly, the Court DENIES Defendants’ motion to dismiss. I. Background A. Factual Allegations Defendants Bayer HealthCare LLC and Beiersdorf, Inc. manufacture, market, label, and sell sunscreen lotions, including the four…