Flodin

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOHN FLODIN, et al., Case No. 21-cv-01631-JST

Plaintiffs, ORDER GRANTING IN PART AND

DENYING IN PART MOTION TO

v. DISMISS THIRD AMENDED

COMPLAINT; ORDER DENYING

CENTRAL GARDEN & PET COMPANY, REQUEST FOR SANCTIONS et al., Re: ECF No. 108 Defendants.

12 This case concerns allegedly misleading representations by Defendants Central Garden & Pet Company and Breeder’s Choice Pet Foods, Inc. regarding their AvoDerm dog and cat food. Following briefing on Defendants’ motion to dismiss the second amended complaint (“SAC”), the Court dismissed Plaintiffs’ claims based on Defendants’ “Made in the USA” representation, with leave to amend except as to claims under Washington state law. ECF No. 96 at 6. The Court concluded that, “[e]ven accepting as true Plaintiffs’ factual allegation about the product packaging [where avocado was listed as the seventh of the top ten ingredients], the Court cannot reasonably 20 …