Nacarino

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 ELENA NACARINO, on behalf of herself Case No. 22-cv-04021-MMC and all others similarly situated, 8 Plaintiff, ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S v. MOTION TO DISMISS

KSF ACQUISITION CORPORATION,

11 Defendant.

13 Before the Court is defendant KSF Acquisition Corporation’s (“KSF”) “Motion to 14 Dismiss Plaintiff’s Complaint,” filed September 9, 2022. Plaintiff Elena Nacarino 15 (“Nacarino”) has filed opposition, to which KSF has replied. Having read and considered 16 the papers filed in support of and in opposition to the motion, the Court rules as follows.1

BACKGROUND2

18 KSF, a Delaware corporation, owns SlimFast, “one of the leading dietary shake 19 and smoothie mix brands in the United States.” (See CAC ¶¶ 2, 13, 14.) Nacarino, a 20 California resident, alleges that “in or around December 2021,” she purchased a product 21 marketed by KSF, specifically, “SlimFast Advanced Nutrition Smoothie Mix Vanilla Cream 22 Product” (“the Product”), from a…