Starratt
Starratt v. Fermented Sciences, Inc.
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 …