Krystofiak

I. BACKGROUND

Plaintiffs Patricia Krystofiak, Luis Carreno, and Jonathan Zimmerman brought this suit against defendant BellRing Brands, Inc. and Premier Nutrition Company, LLC, alleging claims under California and New York consumer protection laws, claims for breach of warranty, misrepresentation, and unjust enrichment. Dkt. 1, Compl. Plaintiffs allege that Defendants’ “Premier Protein Shakes and Premier Protein Plant Powders (together, the ‘Premier Protein Products’ or ‘Products’) contain high levels of lead.” Id. ¶ 1. There are “at least 18 flavors” of the Premier Protein shakes, in both 11 and 11.5 ounce sizes, that are packaged either individually or in cases of 4, 8, 12, 15, or 18 bottles. Id. ¶ 33. There are two flavors of the Premier Protein powder, chocolate and vanilla. Id. ¶ 34. Plaintiff Krystofiak alleges that she “regularly purchased the Premier Protein Shakes, in various flavors, online through Walmart.com,” relying on the claims of “High Protein” and “Immune Health Support.” Id. ¶ 107. Plaintiff Carreno alleges that he “regularly purchased the Premier Protein Plant Powder, in the chocolate flavor, from Walmart in Chula Vista, California and…