Nacarino

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ELENA NACARINO, Case No. 20-cv-07437-EMC

Plaintiff,

ORDER DENYING DEFENDANT’S

v. MOTION TO DISMISS THIRD

AMENDED COMPLAINT

CHOBANI, LLC, Docket No. 54 Defendant.

12 13 I. INTRODUCTION Plaintiff Elena Nacarino (“Plaintiff”) brings this putative class action against Defendant Chobani, LLC (“Defendant” or “Chobani”) based in California consumer-protection law over allegedly unlawful labeling on a Chobani yogurt container. See Third Amended Complaint (“TAC”); Docket No. 51. Plaintiff now specifically alleges that the “unqualified ‘Vanilla’ representation on the front of the packaging, which she relied upon in making her purchase, violated FDA regulations in that the vanilla flavor of the Product is not independently derived from the vanilla plant but rather contains other non-vanilla plant flavoring that simulates, resembles, or reinforces the characterizing vanilla flavor of the Product.” Id. ¶…