Walcoff

Walcoff v. Innofoods USA, Inc.

Good Law
United States District Court, Southern District of CaliforniaMay 4, 20233:22-cv-01485California6,562 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 11 CAROL WALCOFF, on behalf of herself Case No. 22-cv-1485-MMA (AHG) and all others similarly situated,

ORDER GRANTING DEFENDANTS’

Plaintiff, MOTION TO DISMISS v. [Doc. No. 11] INNOFOODS USA, INC., et al., 16 Defendants. 17 18 In this putative class action, Plaintiff Carol Walcoff (“Plaintiff”) alleges that Defendants Costco Wholesale Corporation and Inno Foods, Inc.1 (“Defendants”) misleadingly label and market certain snack products as “keto” and “keto-friendly,” when, in fact, they are high in carbohydrates and added sugars—ingredients which could easily thwart someone adhering to a ketogenic diet. Doc. No. 9 (First Amended Complaint, the “FAC”) ¶¶ 1, 7. On December 12, 2022, Defendants filed a motion to dismiss Plaintiffs’ FAC in its entirety pursuant to Federal Rules of Civil Procedure

27 1 Plaintiff incorrectly names Inno Foods USA, Inc. as a defendant in her FAC. See Doc. Nos. 9 at 2; 11- 28 12(b)(1) and 12(b)(6). Doc. No.…

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