Jackson v. General Mills, Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 CHARLENE M JACKSON, Case No.: 18cv2634-LAB (BGS)

Plaintiff,

ORDER GRANTING IN PART

v. MOTION TO DISMISS AND

STRIKE

GENERAL MILLS, INC.,

Defendant. [Docket number 21.] 16 This putative consumer class action was originally filed in San Diego Superior Court, and removed on the basis of diversity jurisdiction. Plaintiff Charlene Jackson alleges she bought a box of Annie’s Frosted Oat Flakes cereal in Bakersfield in December of 2016. She alleges that she was surprised when she opened the box and discovered that the box was between 30% and 50% empty, i.e., that it consisted of 30% to 50% “slack-fill.” Slack-filled containers may violate Cal. Bus. & Prof. Code §§ 12606.2(b) (the California Fair Packaging and Labeling Act, or CFPLA), though certain exceptions apply. Jackson seeks to represent both a nationwide class and a California class consisting of consumers who bought any of…