Milan

Milan v. Clif Bar & Company

Good Law
United States District Court, Northern District of CaliforniaSeptember 28, 20203:18-cv-02354California2,241 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RALPH MILAN et al., Case No. 18-cv-02354-JD

Plaintiffs,

ORDER RE MOTION FOR

v. JUDGMENT ON THE PLEADINGS

AND SETTING DISCOVERY

CLIF BAR & COMPANY, HEARING Defendant. Re: Dkt. No.

In this putative consumer class action, plaintiffs Ralph Milan, Sarah Aquino and Elizabeth Arnold challenge the “health and wellness message[s]” on defendant Clif Bar & Company’s “Kid Zbars” and “‘Classic’ Clif Bars.” In plaintiffs’ view, the messages are “deceptive because they are incompatible with the dangers of the excessive sugar consumption to which the Products contribute.” Dkt. No. 1 (“Compl.”) ¶¶ 2-3. The complaint alleges nine claims against Clif including a claim under California’s Unfair Competition Law (“UCL”), Cal. Bus. & Prof. Code § 17200, and it seeks injunctive relief, a corrective advertising campaign, restitution and damages. Id. ¶ 283. The Court denied Clif Bar’s motion to dismiss because…

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