Prescott
Prescott v. Nestle USA, Inc
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 STEVEN PRESCOTT and LINDA Case No. 19-cv-07471-BLF CHESLOW, individually and on behalf of all others similarly situated, ORDER GRANTING DEFENDANT’S
MOTION TO DISMISS SECOND
Plaintiffs, AMENDED COMPLAINT WITHOUT
LEAVE TO AMEND; AND
v. DISMISSING ACTION WITH
PREJUDICE
NESTLÉ USA, INC., [Re: ECF 55] Defendant.
15 In this putative class action, Plaintiffs Steven Prescott and Linda Cheslow allege that Nestlé’s labeling and advertising of its “Nestlé Toll House Premier White Morsels” (the “Product”) misleads consumers to believe that the Product contains white chocolate when it does not. Nestlé moves to dismiss the second amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons discussed below, the motion is GRANTED WITHOUT LEAVE TO AMEND and the action is DISMISSED WITH PREJUDICE. I. BACKGROUND This action was removed…