Roffman
Roffman v. Perfect Bar, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MEHVA ROFFMAN, et al., Case No. 22-cv-02479-JSC
Plaintiffs,
ORDER RE: MOTION TO DISMISS
v. AMENDED COMPLAINT
PERFECT BAR, LLC, Re: Dkt. No. 44 Defendant.
12 Plaintiffs are consumers who challenge Defendant’s claims on its product labels about the amount of protein they contain. The Court granted Defendant’s motion to dismiss and granted Plaintiffs leave to amend their claims based on the theory that Defendant’s front-label protein claims do not comply with 21 C.F.R. §§ 101.9(c)(7) and 101.13(n). (Dkt. No. 34.) The Court held that theory was not expressly or impliedly preempted, but it was not supported by plausible allegations of reliance. (Id. at 3–11.) Plaintiffs filed an amended complaint, (Dkt. No. 37), and now before the Court is Defendant’s motion to dismiss, (Dkt. No. 44). After carefully considering the briefing, and with the benefit of oral argument on January 12, 2023, the Court DENIES the motion. Plaintiffs…