Prescott

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 STEVEN PRESCOTT and LINDA Case No. 19-cv-07471-BLF CHESLOW, individually and on behalf of all others similarly situated,

ORDER GRANTING IN PART AND

Plaintiffs, DENYING IN PART DEFENDANT’S

RENEWED MOTION TO DISMISS

v. SECOND AMENDED COMPLAINT,

WITHOUT LEAVE TO AMEND

NESTLÉ USA, INC., [Re: ECF 115] Defendant.

15 Following remand by the United States Court of Appeals for the Ninth Circuit, this Court addresses Defendant Nestlé USA, Inc.’s renewed motion to dismiss the operative second amended complaint (“SAC”) filed by Plaintiffs Steven Prescott and Linda Cheslow. See Def.’s Renewed Mot., ECF 115. Plaintiffs assert putative class claims under California consumer protection statutes based on allegations that Nestlé’s labeling and advertising of its white baking chips product, “Nestlé Toll House Premier White Morsels” (the “Product”), misleads consumers into believing the…