McKay
McKay v. Sazerac Company, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CHRISTOPHER MCKAY, Case No. 23-cv-00522-EMC
Plaintiff,
ORDER DENYING DEFENDANT’S
v. MOTION TO DISMISS, AND
GRANTING DEFENDANT’S REQUEST
SAZERAC COMPANY, INC., FOR JUDICIAL NOTICE Defendant. Docket Nos. 15-
12 13 Plaintiff Christopher McKay, on behalf of a putative class, filed suit against Defendant Sazerac Company, Inc. (“Sazerac”) for Sazerac’s labeling and marketing of its mini bottles of Fireball malt beverages, which allegedly deceive customers into purchasing Fireball Malt by using labeling, wording, and packaging similar to that of Fireball Whisky. Docket No. 1 (“Compl.”). Specifically, Mr. McKay claims (1) violation of the Consumers Legal Remedies Act (“CLRA”), California Civil Code § 1750, et seq., (2) violation of the False Advertising, Business and Professions Code (“FAL”) § 17500, et seq., (3) common law fraud, deceit, and/or misrepresentation, (4) unlawful, unfair, and fraudulent trade…