LeGrand
LeGrand v. Abbott Laboratories
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CONDALISA LEGRAND, et al., Case No. 22-cv-05815-TSH
Plaintiffs,
ORDER GRANTING MOTION TO
v. DISMISS
ABBOTT LABORATORIES, Re: Dkt. No. 40 Defendant.
12 I. INTRODUCTION Condalisa LeGrand brings this putative class action against Abbott Laboratories, alleging certain statements on the labels of Abbott’s Ensure® nutrition drinks are false and misleading. Abbott now moves for partial dismissal pursuant to Federal Rules of Civil Procedure 12(b)(6), arguing LeGrand lacks standing to assert claims based on one of its label statements, “All-in-One blend to support your health.” ECF No. 40. LeGrand filed an Opposition (ECF No. 44) and Abbott filed a Reply (ECF No. 45). The Court finds this matter suitable for disposition without oral argument and VACATES the May 18, 2023 hearing. See Civ. L.R. 7-1(b). Having considered the parties’ positions, relevant legal authority, and the record in this case, the…