Chong

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 9 LISA CHONG, et al., Case No. 21-cv-04528-RS Plaintiffs, 11 v. ORDER GRANTING MOTION TO DISMISS

KIND LLC,

13 Defendant.

15 I. INTRODUCTION In this putative class action, named plaintiffs Lisa Chong and Zach Schwartz challenge the statements defendant KIND, LLC makes on the packaging of various “breakfast and snack products” sold under the KIND brand name regarding the protein content of those products. KIND moves to dismiss, arguing plaintiffs’ claims, which all sound in state law, are preempted by the Food, Drug, and Cosmetic Act (FDCA). Plaintiffs’ counsel previously filed a nearly identical action against a maker of pancake and waffle mixes. See Minor v. Baker Mills, Inc., No. 20-cv-02901 RS. A motion to dismiss in Minor, brought largely on the same grounds advanced here, was denied. It has now become apparent, however, that Minor was incorrectly decided. Because…