Humphrey

Humphrey v. The J.M. Smucker Company

Good Law
United States District Court, Northern District of CaliforniaMay 22, 20233:22-cv-06913California5,975 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ROBIN HUMPHREY, Case No. 22-cv-06913-WHO

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART MOTION TO

DISMISS

THE J.M. SMUCKER COMPANY, Re: Dkt. No. 28 Defendant.

12 Defendant The J.M. Smucker Co. (“Smucker”) moves to dismiss a class action complaint brought by plaintiff Robin Humphrey, who alleges that Smucker falsely represented that certain dog and cat food products were healthy for pets when in fact they contain titanium dioxide (“TiO2”) and their packaging contains (or risks containing) per-and polyfluoroalkyl substances (“PFAS”), both of which can cause detrimental health effects. Smucker’s motion is GRANTED in part and DENIED in part. Humphrey has alleged an injury to show individual standing in this false advertising case but does not have standing to assert claims on behalf of other class members who purchased the products in other states. The claims asserted on behalf of the multi-state subclass are DISMISSED with…

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