Tobin

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARK TOBIN, Case No. 23-cv-05061-JSW

Plaintiff,

ORDER GRANTING, IN PART, AND

v. DENYING, IN PART, DEFENDANT’S

MOTION TO DISMISS; SETTING

PROCTER & GAMBLE COMPANY, CASE MANAGEMENT CONFERENCE Defendant. Re: Dkt. No. 29

12 Now before the Court for consideration is the motion to dismiss filed by Defendant Procter & Gamble Company (“Defendant”). The Court has considered the parties’ papers, relevant legal authority, and the record in this case, and it finds the matter suitable for disposition without oral argument. See Civ. L.R. 7-1(b). The Court hereby GRANTS, IN PART, and DENIES, IN PART, Defendant’s motion. BACKGROUND On November 29, 2022, Plaintiff Mark Tobin purchased a bottle of Defendant’s NyQuil Severe Honey Cold & Flu liquid medicine (the “Product”). (First Amended Complaint (“FAC”) ¶ 39.) The Product’s label included representations that it “Coats & Soothes” and was…