Benton

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 9 JOYCE BENTON, et al., Case No. 22-cv-01640-RS Plaintiffs, 11 v. ORDER GRANTING MOTION TO REMAND AND DENYING AS MOOT

CVS PHARMACY, INC., MOTION TO DISMISS

13 Defendant.

15 I. Introduction Plaintiffs Joyce Benton, Melissa Greco, Anthony Swetala, and Ralph Milan brought suit in Alameda County Superior Court against CVS Pharmacy, Inc. (“CVS”) for alleged violations of California’s Unfair Competition Law (“UCL”) and Sherman Food, Drug, and Cosmetic Law (“Sherman Law”) in the sale of homeopathic health products.1 CVS removed the action to federal court, and brings a motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Plaintiffs bring a motion to remand to state court. For the reasons explained below, there is no subject matter jurisdiction in federal court over Plaintiffs’ suit, and the matter is therefore remanded to state court. The…