Javed

Javed v. Fairlife LLC

Good Law
United States District Court, Northern District of CaliforniaJanuary 12, 20223:21-cv-04182California826 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MOHAMMED JAVED, Case No. 21-cv-04182-JD

Plaintiff,

ORDER RE MOTION TO DISMISS

v. AND VACATING CASE

MANAGEMENT CONFERENCE

FAIRLIFE LLC, Re: Dkt. No. 28 Defendant.

Defendant Fairlife LLC’s motion to dismiss this consumer deception case under Rules 12(b)(1) and 12(b)(6), Dkt. No. 28, is suitable for decision without oral argument. Civil L.R. 7- 1(b). The parties’ familiarity with the record is assumed, and the motion is denied. The hearing set for January 13, 2022, is vacated. Fairlife’s main argument for dismissal is that plaintiff Mohammed Javed has not plausibly alleged that he was misled by Fairlife’s marketing and advertising representations. Dkt. No. 28 at 8-14. In Fairlife’s view, Javed’s first amended complaint (FAC) “offers no plausible facts to suggest that reasonable consumers interpret the words ‘Vanilla’ and ‘Natural Flavor’ or related imagery to mean anything other than that Core Power (i) has a vanilla flavor…

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