Warren

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KAARON WARREN, et al., Case No. 21-cv-04577-EMC

Plaintiffs,

ORDER DENYING DEFENDANT’S

v. MOTION TO DISMISS

WHOLE FOODS MARKET Docket No.

CALIFORNIA, INC.,

11 Defendant. 12 13 I. INTRODUCTION On October 12, 2021, Plaintiffs Kaaron Warren and Christina Reed filed a putative class action amended complaint against Defendant Whole Foods Market California, Inc. (“Defendant” or “WFM CA”), asserting state law false advertising claims on behalf of California residents (the proposed “California Class”) and Nevada residents (the proposed “Nevada Class”) that purchased Defendant’s 365 Everyday Value coffee creamer (the “Product”). First Amended Complaint (“FAC”); Docket No. 19. In the FAC, Plaintiffs allege that Defendant misleadingly and deceptively states, in violation of Food and Drug Administration (“FDA”) regulations, “Vanilla” and “Naturally Flavored” on the front label of the Product since the Product…