Walker

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MARIE FALCONE, Case No.: 3:19-cv-723-L-DEB

Plaintiff,

CLASS ACTION

v.

ORDER DENYING DEFENDANT’S

NESTLE USA, INC.,

MOTION TO DISMISS

Defendant. [ECF No. 85]

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. 85). Plaintiff filed an opposition, and Defendant replied. (ECF Nos. 86 (“Opp’n”), 87 (“Reply”).) 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 denied. I. BACKGROUND According to the operative complaint (ECF No. 78, Third Am. Class Action Compl. (“Compl.”)), 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 regularly purchased Defendant’s products such as semi-sweet…