Costa

Costa v. Reliance Vitamin Co., Inc.

Good Law
United States District Court, Northern District of CaliforniaApril 18, 20233:22-cv-04679California4,824 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TAYLOR COSTA, Case No. 3:22-cv-04679-WHO

Plaintiff,

ORDER ON MOTION TO DISMISS

v. AMENDED COMPLAINT

RELIANCE VITAMIN CO., INC., Re: Dkt. No. 36 Defendant.

12 Plaintiff Taylor Costa filed an amended complaint in this putative class action on behalf of herself and a class of California consumers, alleging that defendant Reliance Vitamin LLC misleadingly packages and sells its protein powder in containers that are unnecessarily large and contain unlawful “slack fill.” Reliance moved to dismiss the claims. For the reasons that follow, the motion is GRANTED in part and DENIED in part. BACKGROUND The factual background in this case is outlined in detail in my prior Order on the first motion to dismiss. (“Order”) [Dkt. No. 34]. This order assumes familiarity with those facts. Where relevant in this order, I emphasize additional facts pleaded in Costa’s operative First Amended Complaint. (“FAC”)…

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