Cleveland v. Campbell Soup Company

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 10 DENISE CLEVELAND, et al., Case No. 21-cv-06002-JD

Plaintiffs,

ORDER RE MOTION TO DISMISS

v.

CAMPBELL SOUP COMPANY, et al., Defendants.

16 Plaintiffs are consumers of Goldfish crackers, the well-known snack made by defendant Pepperidge Farm, Inc., a subsidiary of defendant Campbell Soup Company (together, Campbell). The first amended complaint (FAC) alleges that plaintiffs were duped into buying the crackers as a “healthy” and reduced-calorie snack choice because certain Goldfish packages indicated on the front label that the crackers contained “0g Sugars.” Dkt. No. 51 ¶¶ 1-4. The FAC presents claims against both defendants for consumer deception under California and New York law, and claims for restitution and breach of warranty. At a hearing on a prior motion to dismiss by Campbell, the Court noted that it had upheld the plausibility of food deception claims in several other circumstances, but that this case was different. See Dkt. No. 50. The…