Brown
Brown v. Van's International Foods, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MOLLY BROWN, Case No. 22-cv-00001-WHO
Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS AND DENYING MOTION TO
STAY
VAN'S INTERNATIONAL FOODS, INC., Re: Dkt. Nos. 20, 22 Defendant.
12 In this putative class action, plaintiff Molly Brown contends that the packaging for certain 13 types of frozen waffles and pancakes produced by Defendant Van’s International Foods, Inc. (“Sara Lee”)1 misleadingly claims to provide specific amounts of protein per serving in violation of state and federal law. Sara Lee moved to dismiss and to stay pending the appeal of a similar 17 case. For the reasons provided below, I GRANT the motion to dismiss and DENY the motion to 18 stay. 19 Brown articulates two separate theories regarding the allegedly misleading protein claim. 20 First, she contends that a protein claim unadjusted for digestibility is inherently misleading, but 21 this legal theory is preempted by the Food, Drug, and Cosmetic Act (FDCA). Her claims based on …