Rausch

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

REBECCA RAUSCH, Case No. 22-cv-04157-VC

Plaintiff,

ORDER RE MOTION TO DISMISS

v. Re: Dkt. No.

FLATOUT, INC.,

Defendant.

When a manufacturer advertises the amount of protein in a product on its package, the Food and Drug Administration requires the manufacturer to include additional information on that product’s nutrition facts panel: the manufacturer must provide the “percent daily value” for protein based not on the raw amount of protein in the product, but on the amount of protein that the human body will actually absorb. The question presented in this case is whether a manufacturer’s failure to include that percent daily value renders its other statements about protein quantity misleading—both within the meaning of the FDA’s regulations and state law. The answer is yes. I A This section relies on the facts as pleaded in the complaint. At the motion to dismiss stage, a court accepts all well-pleaded facts as true. South Ferry LP, No. 2 v. Killinger, 542 F.3d 776, 782 (9th Cir. 2008). Protein is essential for a healthy diet, and consumers often pick products based on their protein content.…