Wallenstein

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

DAVID WALLENSTEIN, et al., Case No. 22-cv-06033-VC

Plaintiffs,

ORDER GRANTING IN PART AND

v. DENYING IN PART MOTION TO

DISMISS

MONDELEZ INTERNATIONAL, INC., et al., Re: Dkt. No. 21 Defendants.

Two plaintiffs, David Wallenstein and Montgomery Summa, allege that the packaging for Wheat Thins crackers is misleading because it falsely characterizes the crackers as “100% WHOLE GRAIN.” Wallenstein is from California, and he asserts two claims under California law on behalf of a proposed class of California consumers. Summa is from New York, and he asserts three claims under New York law on behalf of a proposed class of New York consumers. Nabisco and the other defendants named in the complaint have filed a motion to dismiss. They contend there is no personal jurisdiction in California as to the New York claims, and they contend that neither plaintiff has adequately alleged that the packaging is misleading. The motion to dismiss Summa’s New York claims for lack of personal jurisdiction is granted, but the motion to dismiss the California claims is denied,…