Clark v. Westbrae Natural, Inc.
Opinion
Trial Court Opinion
BACKGROUND
23 A. First Amended Complaint Allegations 24 Defendant sells the Product as pictured below: 25 26 27 1 ———— ere em WWPBSS AAT LELEU a al = Ree 10 ul nengmoproject.org □ = aaa) bn my is Scag a (Dkt. No. 20 at 2, First Amended Complaint, (“FAC”) § 1.7) Plaintiff interpreted this label as conveying that the Product’s vanilla flavor is derived exclusively from the vanilla bean. (Ud. 4] 9, 26.) Indeed, an August 2020 survey of over 400 consumers showed that over 69.5% of the G 16 |! consumers believed the “vanilla” representation on the Product meant the Product’s vanilla flavor = comes exclusively from the vanilla bean. (Ud. §] 2.) “[S]cientific testing in January of 2020 of the Products revealed that the vanilla flavoring || of the Product does not come exclusively from the vanilla bean.” (d. 43.) A gas ||…