UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
CHRIS GUERRA,
Case No. 22-cv-06654-RS Plaintiff, 11 v. ORDER GRANTING IN PART MOTION TO DISMISS
KIND, LLC,
13 Defendant.
I. INTRODUCTION In this putative class action, named Plaintiff Chris Guerra (“Plaintiff”) challenges the statements by defendant KIND LLC (“Defendant”) on the packaging of its products, ranging from protein and nut bars to oatmeal and cereal, regarding the protein content of those products. Defendant moves to dismiss, arguing that Plaintiff’s claims are effectively identical to the claims already dismissed in Chong v. Kind LLC, 585 F. Supp. 3d 1215 (N.D. Cal. 2022), and are either expressly or impliedly preempted by the Food, Drug, and Cosmetic Act (FDCA), or otherwise fail for standing, reliance, and other issues. For the reasons that follow, the motion to dismiss is granted in part and denied in part. II. BACKGROUND …