Walker
Walker v. Nestle USA, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 RENEE WALKER, Case No.: 3:19-cv-723-L-BGS
Plaintiff,
CLASS ACTION
v.
ORDER GRANTING MOTION TO
NESTLE USA, INC.,
DISMISS WITH LEAVE TO AMEND
Defendant. [ECF No. 32]
Pending before the Court in this putative consumer class action alleging deceptive product labeling is Defendant’s motion to dismiss for failure to state a claim. (ECF no. 32). Plaintiff filed an opposition, and Defendant replied. (ECF nos. 40 (“Opp’n”), 41.) The Court decides the motion on the briefs without oral argument. See Civ. L. R. 7.1(d)(1). For the reasons stated below, Defendant’s motion is granted with leave to amend. I. BACKGROUND According to the operative complaint, Defendant is the world’s largest food company and is best known for its chocolate products. It purchases approximately 414,000 tons of cocoa annually. Plaintiff claims that the statements on Defendant’s chocolate product labels are deceptive because they…