Sanchez

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 MELISSA SANCHEZ, et al., Case No. 5:21-cv-08566-EJD

Plaintiffs, ORDER GRANTING IN PART AND

DENYING IN PART MOTION TO

v. DISMISS

NURTURE, INC., Re: ECF No. 35 Defendant.

Plaintiffs Melissa Sanchez and Beverly Cassel bring this food labeling action on behalf of themselves and those similarly situated to challenge the labeling practices of Defendant Nurture, Inc.’s “Happy Baby” and “Happy Tot” line of food products. The Court had previously dismissed Plaintiff Sanchez’s complaint with leave to amend (ECF No. 24), which has since been amended to add an additional plaintiff and new theories of fraud and deceptive labeling. First Am. Class Action Compl. (“FAC”), ECF No. 29. Defendant moved again to dismiss the claims in the FAC (ECF No. 35, “Mot.”), and the Court heard oral arguments on April 27, 2023. Based on the following, the Court GRANTS IN PART and DENIES IN PART Defendant’s…