Gagetta

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SUSAN GAGETTA, et al., Case No. 3:22-cv-03757-WHO

Plaintiffs,

ORDERING GRANTING IN PART

v. AND DENYING IN PART MOTION TO

DISMISS

WALMART, INC., Re: Dkt. No. 25 Defendant.

12 Plaintiffs filed this putative class action complaint alleging that they purchased herbs and spices from defendant Walmart, Inc., which contained or risked containing toxic heavy metals, that those metals are unsafe at any level, and that they would not have purchased those products, or would have paid less for them, had Walmart not omitted the risk from its labels. Walmart does not contest that these products may have contained heavy metals but argues the levels of the metals that could be in the products are safe, and so there is no injury from the risk. It filed a motion to dismiss, asserting that the plaintiffs failed to establish Article III standing, statutory standing, or standing for injunctive relief, and that plaintiffs failed to state claim for several causes 21…