Miller v. Big Heart Pet Brands, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JUDITH HOUGH, Case No. 19-cv-03613-WHO
Plaintiff,
ORDER GRANTING IN PART AND
v. DENYING IN PART MOTION TO
DISMISS SECOND AMENDED
BIG HEART PET BRANDS, INC., COMPLAINT Defendant. Re: Dkt. No. 101
12 Plaintiff Judith Hough brings this putative class action against defendant Big Heart Pet Brands, Inc. (“Big Heart”), alleging that it falsely markets its Grain Free Easy to Digest Salmon Sweet Potato & Pumpkin Recipe Dog Food (“Nature’s Recipe Food”) as “Grain Free,” and as containing “No Corn” and “No Soy Protein” because independent testing has confirmed that it contains significant amounts of both corn and soy. I previously granted in part and denied in part Big Heart’s motion to dismiss the First Amended Complaint (“FAC”). Before me is Big Heart’s motion to dismiss the Second Amended Complaint (“SAC”). I find this motion is suitable for decision without oral argument and VACATE the hearing scheduled for…