In re: Nestle Boost Nutritional Drink Litigation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

BRUCE HORTI, et al., Case No. 21-cv-09812-PJH Plaintiffs,

v. ORDER GRANTING DEFENDANT’S

MOTION TO DISMISS

NESTLÉ HEALTHCARE NUTRITION, INC., Re: Dkt. No. 15 11 Defendant.

13 Defendant’s motion to dismiss plaintiffs’ second amended complaint (“SAC”) came on for hearing before this court on June 9, 2022. Plaintiffs appeared through their counsel, Nick Suciu, III, and J. Hunter Bryson. Defendant appeared through its counsel, Timothy W. Loose. Having read the papers filed by the parties and carefully considered their arguments and the relevant legal authority, and good cause appearing, the court hereby GRANTS defendant’s motion, for the following reasons. BACKGROUND This is a putative consumer class action regarding advertising of nutritional drinks. Plaintiff Bruce Horti is a resident of Concord, California. SAC ¶ 8. Plaintiff Sandra George is a resident of Adelanto, California. SAC ¶…