Gatling-Lee

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ELENA NACARINO, et al., Case No. 22-cv-00892-JST

8 Plaintiffs,

ORDER DENYING MOTION TO

9 v. RECONSIDER

10 DEL MONTE FOODS, INC, Re: ECF No. 77 Defendant. 11

12 13 Before the Court is Defendant Del Monte Foods, Inc.’s (“Del Monte”) motion to 14 reconsider. ECF No. 77. Del Monte asks the Court to revisit its March 28, 2023 order partially 15 denying Del Monte’s motion to dismiss, ECF No. 48, in light of intervening Ninth Circuit 16 caselaw. The Court will deny the motion. 17 I. BACKGROUND 18 Plaintiffs filed their original complaint on February 11, 2022. ECF No. 1. The crux of 19 Plaintiffs’ complaint was that the phrase “No MSG” on the front label of Defendant’s broth 20 products is false and misleading to reasonable consumers because, as the side of the package 21 reveals, the broths contain free glutamate additives that reasonable consumers consider to be 22 encompassed by the term “MSG.” See id. ¶¶ 1, 2, 8–15. They brought claims under the consumer 23…