DiGiacinto

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOSEPH DIGIACINTO, Case No. 22-cv-04690-DMR

Plaintiff, ORDER ON DEFENDANT'S MOTION v. FOR JUDGMENT ON THE

PLEADINGS

RB HEALTH (US) LLC, Re: Dkt. No. 55 Defendant.

Plaintiff Joseph DiGiacinto filed this putative class action against Defendant RB Health (US) LLC (“RB Health”) alleging false, misleading, and deceptive marketing practices with respect to the labeling of its “Children’s Delsym Cough Relief” product. RB Health moves pursuant to Federal Rule of Civil Procedure 12(c) for judgment on the pleadings. [Docket No. 55.] This matter is suitable for resolution without a hearing. Civ. L.R. 7-1(b). For the following reasons, the motion is denied. I. DISCUSSION The court incorporates by reference its summary of the allegations in DiGiacinto’s amended complaint from the April 11, 2023 Order denying RB Health’s motion to dismiss and assumes familiarity with those allegations here. See DiGiacinto v. RB…