Zaback

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 HARLAN ZABACK, individually and on Case No.: 3:20-cv-00268-BEN-MSB behalf of all others similarly situated,

ORDER GRANTING MOTION TO

Plaintiff, DISMISS v.

KELLOGG SALES COMPANY,

[ECF No. 16] Defendant.

This matter comes before the Court on Defendant Kellogg Sales Company’s Motion to Dismiss Plaintiff Harlan Zaback’s First Amended Complaint (“FAC”). Kellogg’s motion is granted with leave to amend. I. Background This case concerns Bear Naked Granola V’Nilla Almond (the “Product”). Kellogg markets and sells the Product to consumers. The Product uses the words “Naturally Flavored” on the front of the packaging immediately below the words “V’nilla Almond.” ECF No. 8-1. The back packaging depicts a vignette of a vanilla plant with only the word “Vanilla” below the vignette. Id. For convenience, the Product’s packaging is depicted below.

27 1 The Court has already taken judicial notice of the Product’s…