Brown
Brown v. The J.M. Smucker Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MOLLY BROWN, Case No. 21-cv-06467-HSG
Plaintiff, ORDER GRANTING DEFENDANT'S
MOTION TO DISMISS
v. Re: Dkt. No. 20 THE J.M. SMUCKER COMPANY, Defendant.
12 Pending before the Court is Defendant J.M. Smucker Co.’s motion to dismiss, briefing for which is complete. See Dkt. No. 20 (“Mot.”), 27 (“Opp.”), 28 (“Reply”). At the Court’s request, both parties submitted supplemental briefs addressing the relevance of FDA guidance published in January 2022. See Dkt. Nos. 38 (“Pl. Suppl. Br.”), 39 (“Def. Suppl. Br.”). The Court finds this matter appropriate for disposition without oral argument and the matter is deemed submitted. See Civil L.R. 7-1(b). For the reasons detailed below, the Court GRANTS the motion. I. BACKGROUND A. Factual Background Plaintiff Molly Brown is a consumer in California who alleges that she was deceived into buying Defendant’s products that contain protein content claims on the front of…