Lopez

Lopez v. Zarbee's, Inc.

Good Law
United States District Court, Northern District of CaliforniaJanuary 17, 20233:22-cv-04465California6,002 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 KRYSTAL LOPEZ, Case No. 22-cv-04465-CRB

Plaintiff,

ORDER GRANTING IN PART AND

v.

DENYING IN PART MOTION TO

DISMISS

ZARBEE’S, INC., Defendant.

Plaintiff Krystal Lopez brings this putative class action against Defendant Zarbee’s, Inc. in connection with Zarbee’s melatonin supplements. Lopez alleges that Zarbee’s products include significantly more melatonin than the label asserts, and therefore violate state consumer protection laws. Zarbee’s moves to dismiss, arguing that all of the claims are completely preempted, and that Lopez lacks standing as to some claims. See MTD (dkt. 26). The Court found this matter suitable for resolution without oral argument, and therefore vacated the motion hearing. See Civil Local R. 7-1(b). Because Zarbee’s arguments largely fail at this stage, the Court grants in part and denies in part the motion. I. BACKGROUND2 A. The Parties Zarbee’s, a Delaware corporation, sells…

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