Nacarino
Nacarino v. Chobani, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ELENA NACARINO, Case No. 20-cv-07437-EMC
Plaintiff,
ORDER GRANTING IN PART AND
v. DENYING IN PART DEFENDANT’S
MOTION TO DISMISS
CHOBANI, LLC, Docket No. 30 Defendant.
12 13 I. INTRODUCTION Plaintiff Elena Nacarino brings this putative class action against Defendant Chobani, LLC. Ms. Nacarino asserts four claims based in California consumer-protection law over allegedly deceptive labeling on a yogurt container. See Docket No. 26 (“SAC”). Specifically, she alleges that the contested labeling falsely represents that the yogurt’s vanilla flavoring comes exclusively from the vanilla plant. See id. ¶¶ 1-6. Pending before the Court is Chobani’s motion to dismiss the operative complaint on five grounds: (1) the implausibility of Ms. Nacarino’s claims of consumer deception, (2) her lack of particularity in pleading those claims under Federal Rule of Civil Procedure 9(b), (3) her failure to plausibly…