Wright

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MELINDA WRIGHT, Case No. 22-cv-04343-WHO

Plaintiff,

ORDER DENYING MOTION TO

v. DISMISS

COSTCO WHOLESALE CORPORATION, Re: Dkt. No. 26 Defendant.

12 Defendant Costco Wholesale Corp. (“Costco”) moves to dismiss a class action complaint filed by plaintiff Melinda Wright alleging that Costco’s representations that its canned tuna is “dolphin safe” are false, deceptive, and misleading. Wright has adequately alleged a heightened promise by Costco that its product is dolphin-safe, above what the Dolphin Protection Consumer Information Act (“DPCIA”) requires. Her claims are not preempted and the doctrine of primary jurisdiction does not apply. She has satisfied Federal Rule of Civil Procedure 9(b)’s pleading requirement for fraud and adequately alleged that a reasonable consumer would be deceived by Costco’s representations. The motion is DENIED. BACKGROUND The 58-page First Amended Complaint (“FAC”)…