Klammer

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 AVI KLAMMER, Case No. 22-cv-02046-JSW Plaintiff,

ORDER GRANTING, IN PART, AND

v. DENYING, IN PART, MOTION TO

DISMISS SECOND AMENDED

MONDELEZ INTERNATIONAL, INC., COMPLAINT Defendant. Re: Dkt. No. 29 11 12 Now before the Court for consideration is the motion to dismiss the second amended complaint (“SAC”) filed by Defendant Mondelez International, Inc. (“Defendant” or “MDLZ”). The Court has reviewed the parties’ papers, relevant legal authority, and the record in this case and finds the matter suitable for disposition without oral argument. See N.D. Civ. L.R. 7-1(b). For the following reasons, the Court GRANTS, in part, and DENIES, in part, Defendant’s motion. BACKGROUND This case arises out of the labeling of MDLZ’s Enjoy Life Lentil Chips (the “Product”).2 Plaintiff alleges that the Product is labeled as “high protein” and “protein-packed” despite the fact that the Product is not a high protein…