Jackson v. General Mills, Inc.

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

Plaintiff,

ORDER DENYING MOTION FOR

v. LEAVE TO AMEND; AND

GENERAL MILLS, INC.,

ORDER OF DISMISSAL

Defendant. [Docket number 27.]

Plaintiff Charlene Jackson originally filed this putative consumer class action in San Diego Superior Court, and Defendant General Mills, Inc. removed on the basis of diversity jurisdiction. Jackson alleges she bought a box of Annie’s Frosted Oat Flakes cereal in Bakersfield in December of 2016. She earlier alleged 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. (the California Fair Packaging and Labeling Act, or CFPLA), though certain exceptions apply. Jackson seeks to represent a class of California consumers who bought this…