Jamison

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

INFINIQUE JAMISON, Case No. 23-cv-00920-VC

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

ARIZONA BEVERAGES USA LLC, et al., Re: Dkt. No. 29 Defendants.

The motion to dismiss Jamison’s claims for injunctive relief, equitable relief, and fraud based on marketing beyond the label is granted.1 This ruling assumes familiarity with the case and applicable legal standard. Injunctive Relief. Jamison fails to demonstrate Article III standing for injunctive relief because she has not plausibly alleged that she is likely to suffer a future injury. See City of Los Angeles v. Lyons, 461 U.S. 95, 111 (1983). In certain instances, “a previously deceived consumer may have standing to seek an injunction against false advertising or labeling.” Davidson v. Kimberly-Clark Corporation, 889 F. 3d 956, 969 (9th Cir 2018). The Davidson court reasoned that a future injury could result from a consumer’s desire but inability to purchase the product because she cannot “rely on the product’s advertising or labeling in the future.” Id. at 970. Or the future harm may stem from a consumer’s purchase of…