Roffman

Roffman v. REBBL, INC.

Good Law
United States District Court, Northern District of CaliforniaJune 26, 20234:22-cv-05290California1,268 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MEHVA ROFFMAN, Case No. 22-cv-05290-JSW

Plaintiff,

ORDER GRANTING MOTION TO

v. STAY, REQUIRING JOINT STATUS

REPORTS, AND DENYING MOTION

REBBL, INC., TO DISMISS WITHOUT PREJUDICE Defendant. Re: Dkt. No. 39, 42

12 Now before the Court for consideration is the motion to stay filed by Defendant REBBL, Inc. (“Rebbl”). The Court has considered the parties’ papers, including Plaintiff’s statement of recent decision, relevant legal authority, and the record in this case and HEREBY GRANTS Rebbl’s motion. Plaintiff Mehva Roffman (“Roffman”) alleges that Rebbl misrepresents the amount of protein contained in its energy beverages. Rebbl moved to dismiss the complaint, in part, on the basis that Roffman’s claims were expressly or impliedly preempted by the Federal Food, Drug and Cosmetics Act (“FDCA”). The Court granted the motion in part because Roffman conceded one of her claims was expressly preempted. …

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