Brown
Brown v. NATURES PATH FOODS, INC.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MOLLY BROWN, et al., Case No. 21-cv-05132-HSG
Plaintiffs, ORDER DENYING MOTION TO
DISMISS
v. Re: Dkt. No. 57 NATURE’S PATH FOODS, INC., Defendant.
12 Nature’s Path Foods, Inc. (“Defendant”) has filed a second motion to dismiss. Dkt. No. 57 (“Mot.”). Briefing is complete. See Dkt. Nos. 58 (“Opp.”), 59 (“Reply”). While the motion was pending, Plaintiffs filed a Second Amended Complaint. Dkt. No. 68 (“SAC”). The parties then submitted supplemental briefing. See Dkt. Nos. 70 (“Pls. Supp.”), 71 (“Def. Supp.”). The Court held a hearing, see Dkt. No. 77 (Hearing Transcript), and now DENIES the motion. I. BACKGROUND Molly Brown, Parsa Miller, and Lauren Morgan are consumers in California who allege that they were deceived into buying Defendant’s breakfast and snack products (the “Products”) based on the statements Defendant makes on its packaging about the amount of protein in those products. See SAC ¶¶ 1–8, 61–76. The Court…