Zaback
Zaback v. Kellogg Sales Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 HARLAN ZABACK, individually and on Case No.: 3:20-cv-00268-BEN-MSB behalf of all others similarly situated,
ORDER:
Plaintiff, 13 v. (1) GRANTING GRANTING 14 MOTION TO DISMISS; and
KELLOGG SALES COMPANY,
15 Defendant. (2) GRANTING REQUEST FOR
JUDICIAL NOTICE
17 [ECF Nos. 7 and 8]
20 Plaintiff Harlan Zaback (“Plaintiff”) alleges Defendant Kellogg Sales Company’s 21 (“Defendant”) Bear Naked Granola V’nilla Almond is falsely and misleadingly labeled 22 and advertised as being flavored “with vanilla flavoring derived exclusively from vanilla 23 beans when the ingredient list reveals otherwise.” (Comp., ECF No. 1-2, ¶ 1.) Now 24 before the Court are two motions: (1) Defendant’s Motion to Dismiss Plaintiff’s Class 25 Action Complaint (ECF No. 7) and (2) Defendant’s Request for Judicial Notice (ECF No. 26 8). The Request for Judicial Notice includes photographs of the front and back of the 27 Bear Naked Granola V’nilla Almond packaging at issue as well as the transcript of a 28 court hearing and court…