Starratt

Starratt v. Fermented Sciences, Inc.

Good Law
United States District Court, Northern District of CaliforniaJanuary 23, 20234:22-cv-03895California3,698 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 LISA STARRATT, et al., Case No. 22-cv-03895-HSG

Plaintiffs, ORDER DENYING MOTION TO

DISMISS

v. Re: Dkt. No. 16 FERMENTED SCIENCES, INC., Defendant.

12 Pending before the Court is Defendant Fermented Sciences, Inc.’s motion to dismiss. Dkt. No. 16. The Court finds this matter appropriate for disposition without oral argument and the matter is deemed submitted. See Civil L.R. 7-1(b). For the reasons detailed below, the Court DENIES the motion. I. BACKGROUND Plaintiffs Lisa Starratt and Thomas Simmons allege that the labels and marketing for Defendant’s alcoholic beverage, Flying Embers Hard Seltzer, are misleading and unlawful. See Dkt. No. 1 (“Compl.”). Plaintiffs allege that Defendant has fortified its seltzer with vitamin C and probiotics “to distract from the severe harm that may occur from alcohol consumption.” See id. at ¶¶ 21, 31. Defendant promotes its hard seltzer as containing “ANTIOXIDANT VIT C + LIVE …

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