DiGiacinto

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JOSEPH DIGIACINTO, Case No. 23-cv-00076-VC

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

EUROPHARMA, INC., Re: Dkt. No. 13 Defendant.

This order assumes the reader is familiar with the facts, the applicable legal standard, and the arguments made by the parties. DiGiacinto alleges that a reasonable consumer would look at EuroPharma’s supplement’s label, see “750mg” (or another size) in a circle in the upper-left corner, see the statement “SUPERIOR ABSORPTION CURCUMIN” in a band across the middle, and conclude that the product provides 750 milligrams of curcumin per softgel. That conclusion would be wrong because that number refers to the amount of the proprietary complex in the softgels, not the amount of curcumin each delivers. Therefore, according to DiGiacinto, the consumer would be unlawfully misled. That straightforward story does not account for the rest of the front label, and it therefore does not sufficiently allege that “a significant portion of the general consuming public or of targeted consumers, acting reasonably in the circumstances, could be…