DiGiacinto
DiGiacinto v. RB Health (US) LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOSEPH DIGIACINTO, Case No. 22-cv-04690-DMR
Plaintiff,
ORDER ON MOTION TO DISMISS
v. FIRST AMENDED COMPLAINT
RB HEALTH (US) LLC, Re: Dkt. No. 32 Defendant.
Plaintiff Joseph DiGiacinto filed this putative class action against Defendant RB Health (US) LLC (“RB Health”) alleging false, misleading, and deceptive marketing practices with respect to the labeling of its “Children’s Delsym Cough Relief” product. RB Health moves pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) to dismiss the first amended complaint. [Docket No. 32.] This matter is suitable for determination without oral argument. Civ. L.R. 7-1(b). For the following reasons, the motion is denied. I. BACKGROUND Plaintiffs make the following allegations in the amended complaint, all of which are taken as true for purposes of the motion to dismiss. RB Health makes, labels, distributes, sells, and markets two separate…