In re: Nestle Boost Nutritional Drink Litigation

Good Law
United States District Court, Northern District of CaliforniaNovember 7, 20223:21-cv-09812California4,418 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

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

v. ORDER OF DISMISSAL

NESTLE HEALTHCARE NUTRITION, Re: Dkt. No.

INC.,

11 Defendant.

13 Defendant’s motion to dismiss the third amended complaint came on for hearing before this court on November 3, 2022. Plaintiffs appeared through their counsel, J. Hunter Bryson and Trenton R. Kashima. 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 rules as follows. BACKGROUND This is a putative consumer class action regarding advertising of nutritional drinks. Plaintiffs are two California residents and one New York resident. Third Amended Complaint (Dkt. 29, “TAC”) ¶¶ 7–9. Defendant Nestle HealthCare Nutrition, Inc. (“Nestle”) is a Delaware Corporation with a headquarters in…

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