Silver
Silver v. BA Sports Nutrition, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 MARC SILVER, et al., Case No. 20-cv-00633-SI
Plaintiffs,
ORDER RE: DEFENDANT’S MOTION
v. FOR SUMMARY JUDGMENT
BA SPORTS NUTRITION, LLC, Re: Dkt. No. 139 Defendant.
11 On December 17, 2021, the Court held a hearing on defendant’s motion for summary judgment. For the reasons set forth below, the motion is GRANTED IN PART and DENIED IN PART. 15 BACKGROUND I. Procedural History Plaintiffs filed this lawsuit in January 2020. Defendant BA Sports Nutrition, LLC (“BA Sports”) is a sports drink company that produces and sells BodyArmor SuperDrink sports drinks (“BodyArmor”) with flavors such as Banana Strawberry, Blackout Berry, Fruit Punch, Orange Mango and Grape. BA Sports advertises that BodyArmor provides “superior hydration,” and the drink labels contain the words “SUPERIOR HYDRATION,” as well as images of fruits, the words “natural flavors and sweeteners,” and advertise that the…