Winkelbauer

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MATTHEW SINATRO, et al., Case No. 3:22-cv-07028-JD

Plaintiffs,

ORDER RE MOTION TO DISMISS

v.

WELCH FOODS INC., et al., Defendants.

12 In this putative consumer class action, plaintiffs Matthew Sinatro and Shane Winkelbauer challenge the “no preservatives” claims that defendants Welch Foods Inc. and Promotion in Motion, Inc. place on the labels of Welch’s Fruit Snacks products. Dkt. No. 30. Plaintiffs say that the products contain two preservatives -- citric and lactic acid -- and that defendants knowingly mislabel their products in order to boost sales. See id. ¶¶ 3-6. The operative first amended complaint (FAC) presents claims against defendants for violations of California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200 et seq.; the False Advertising Law, Cal. Bus. & Prof. Code § 17500 et seq.; and the Consumers Legal Remedies Act, Cal. Civ. Code § 1750 et seq., as well as claims for fraudulent inducement, negligent misrepresentation, breach of warranty, …