Caldwell

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CHERYL CALDWELL, Case No. 23-cv-02818-EMC

8 Plaintiffs,

ORDER GRANTING IN PART AND

9 v. DENYING IN PART DEFENDANT'S

MOTION TO DISMISS

10 NORDIC NATURALS, INC., 11 Defendants. Docket No. 21

12 13 Plaintiff Cheryl Caldwell has filed a putative class action on behalf of herself and a 14 nationwide class of those similarly situated against Defendant Nordic Naturals, Inc., based on the 15 sale of its dietary supplement product “Ultimate® Omega 2X.” Compl. ¶ 12. Plaintiff claims that 16 Defendant’s use of “2X” in conjunction with “Ultimate Omega” on the front of the package 17 misleads consumers into thinking that there is double the amount of omega-3 (“omega”) per 18 serving than the amount of omega in the Nordic Naturals product named “Ultimate® Omega.” 19 Compl. ¶ 12. This matter is before the Court on Defendant’s motion to dismiss for failure to state 20 a claim pursuant to Fed. R. Civ. P. 12(b)(6) (“Def.’s Mot.”). 21 Defendant argues…