Lopez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Case No. 3:22-cv-00421-L-RBB

ROCIO LOPEZ,

11 Plaintiff, ORDER DENYING DEFENDANT’S 12 v. MOTION TO DISMISS 13 ABBOTT LABORATORIES, [ECF No. 15] 14 Defendant.

Pending before the Court is Defendant’s motion to dismiss this false advertising action for failure to state a claim. Plaintiff filed an opposition and Defendant replied. For the reasons which follow, Defendant’s motion is denied. I. Background Defendant sells baby and toddler food under brand names Similac and PediaSure. The products prominently display a label stating that they are “Non-GMO” with an asterisk to the statement “Ingredients not genetically engineered.” Plaintiff alleges that this representation is false with or without the language in the asterisk because the products in fact contain GMO ingredients. She further alleges that she and other consumers purchased Defendant’s products at a premium in reliance on the representations made on the label. The…