Banta Yoshida v. Campbell Soup Company

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KYLE BANTA YOSHIDA, et al., Case No. 3:21-cv-09458-JD

Plaintiffs,

ORDER RE MOTIONS TO DISMISS

v. AND STAY

CAMPBELL SOUP COMPANY, Defendant.

This is a putative class action brought by consumers against defendant Campbell Soup Company (Campbell) for providing deceptive and misleading labeling on its V8 fruit and vegetable juices. The Court granted Campbell’s prior motion to dismiss the complaint, and gave plaintiffs leave to amend. Dkt. No. 40. Plaintiffs filed an amended complaint, Dkt. No. 45 (FAC), and Campbell has asked again to dismiss, Dkt. No. 48. The parties’ familiarity with the record is assumed, and the FAC is dismissed with leave to amend. The initial complaint alleged that the sugars occurring naturally in the fruits and vegetables used in Campbell’s V8 juices made label phrases such as “boost your morning nutrition” and “healthy greens” deceptive to consumers. Dkt. No. 1 ¶ 1. In effect, plaintiffs suggested that fruit …