Clark v. Westbrae Natural, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 8 HOWARD CLARK, Case No. 20-cv-03221-JSC

Plaintiff,

ORDER RE: MOTION TO DISMISS

v. SECOND AMENDED COMPLAINT

WESTBRAE NATURAL, INC., Re: Dkt. No. 38 Defendant.

14 The pending motion to dismiss asks whether Plaintiff has plausibly alleged that a label describing soy milk as “vanilla” soymilk misrepresents to reasonable consumers that the product’s vanilla flavor is derived exclusively from the vanilla bean plant. The Court previously granted Defendant’s motion to dismiss Plaintiff’s First Amended Complaint. (Dkt. No. 33. 2) Defendant’s motion to dismiss Plaintiff’s Second Amended Complaint is now pending before the Court. (Dkt. No. 38.) Having considered the parties’ briefs and having had the benefit of oral argument on April 15, 2021, the Court GRANTS the motion to dismiss. Plaintiff has failed to plausibly allege that a reasonable consumer would be misled by Defendant’s label and has failed to state a claim under…