White

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

PHILLIP WHITE,

Case No. 21-cv-08004-RS Plaintiff, 11 v. ORDER GRANTING MOTION FOR SUMMARY JUDGMENT THE KROGER CO., et al., 13 Defendants.

15 I. INTRODUCTION In this putative class action, named plaintiff Phillip White contends that sunscreen products 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. White alleges he purchased one specific product, Kroger® Sport Sunscreen, Spray, SPF 50, in a 5.5-oz package. White also seeks relief, however, with respect to more than a dozen other products, which he acknowledges he never purchased, but which he alleges are “substantially similar” to the purchased product. Defendant Fruit of the Earth, Inc. (“FOTE”) is alleged to be “one of the owners, manufacturers, and/or distributors” of the products listed in…