White

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

PHILLIP WHITE,

Case No. 21-cv-08004-RS Plaintiff, 11 v. ORDER DENYING MOTION TO DISMISS THE KROGER CO., et al., 13 Defendants.

15 I. INTRODUCTION In this putative class action plaintiff alleges that sunscreen products produced by defendant Fruit of the Earth, and sold by defendant The Kroger Co. under its “house brand,” are misleadingly labeled as “reef friendly,” when they in fact contain ingredients with the potential to damage reefs. Plaintiff advances claims under California Unfair Competition Law, Cal. Bus. & Prof. Code § 17200 et seq. (“UCL”); California False Advertising Law, Cal. Bus. & Prof. Code §17500 et seq. (“FAL”); and the California Consumers Legal Remedies Act, Cal Civ. Code § 1750 et seq. (“CLRA”), as well as breach of implied warranty and “unjust enrichment.” Kroger moves to dismiss the operative First Amended Complaint in its entirety, arguing the claim…