Greenpeace, Inc. v. Walmart, Inc.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 GREENPEACE, INC., Case No. 21-cv-00754-MMC

Plaintiff, ORDER GRANTING DEFENDANT'S

MOTION TO DISMISS FIRST

v. AMENDED COMPLAINT;

CONTINUING CASE MANAGEMENT

WALMART INC., CONFERENCE Defendant.

11 Before the Court is defendant Walmart Inc.'s ("Walmart") Motion, filed April 28, 2021, "to Dismiss the First Amended Complaint ['FAC']." Plaintiff Greenpeace, Inc. ("Greenpeace") has filed opposition, to which Walmart has replied. Having read and considered the papers filed in support of and in opposition to the motion, the Court rules as follows.1 Greenpeace alleges Walmart sells under its "private label brands" products and packaging that are "made from plastics #3-7 or identified plastic" (collectively, "the Products") and are "labeled as 'recycleable.'" (See FAC ¶ 2.) The statements that the Products are "recycleable" are, Greenpeace alleges, "false and…