Kennard
Kennard v. Kellogg Sales Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ANGELA KENNARD, Case No. 21-cv-07211-WHO
Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS WITH PREJUDICE
KELLOGG SALES COMPANY, Re: Dkt. No. 39 Defendant.
Defendant Kellogg Sales Company’s motion to dismiss the First Amended Complaint is GRANTED. Plaintiff Angela Kennard’s allegations are implausible as a matter of law. The dismissal is WITH PREJUDICE. BACKGROUND Plaintiff alleges in her class action complaint that Kellogg misleadingly and illegally labels specific MorningStar Farms “VEGGIE” products, including varieties of “VEGGIE BURGERS,” “VEGGIE DOGS,” “VEGGIE CHIK’N,” “VEGGIE MEAL STARTERS,” “VEGGITIZERS,” and “VEGGIE BREAKFAST,” collectively “Veggie Products.” First Amended Complaint (“FAC”), ¶ 1. She asserts that Kellogg violates: (i) California’s Consumer Legal Remedies Act (“CLRA,” Cal. Civ. Code § 1750 et seq,); (ii) California’s False Advertising Law (“FAL,” Cal. Bus. &…