Brown

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MOLLY BROWN, Case No. 22-cv-00001-WHO

Plaintiff,

ORDER DENYING MOTION TO

v. DISMISS AND SETTING CASE

MANAGEMENT CONFERENCE

VAN'S INTERNATIONAL FOODS, INC., Re: Dkt. No. 40 Defendant.

12 INTRODUCTION In this putative class action, plaintiff Molly Brown contends that the packaging for certain types of frozen waffles and pancakes produced by defendant Van’s International Foods, Inc. (“Van’s”) unlawfully claims to provide specific amounts of protein per serving. The detailed factual and legal background for Brown’s claims is set forth in my May 10, 2022 Order. See May 22, 2022 Order Granting Motion to Dismiss (“May 10, 2022 Order”) [Dkt. 32]. This background information is recounted below to the extent relevant to Brown’s new claims and Van’s new arguments in support of dismissal. I dismissed the original complaint because, among other things, Brown had failed to establish reliance on the allegedly…