Renn

Background 24 On June 20, 2023, Plaintiff Albert Renn (“Plaintiff”) filed a purported class action 25 complaint against Defendant Otay Lakes Brewery, LLC (“Defendant”) for fraudulently 26 marketing its alcoholic “Nova Kombucha” (the “Product”) as “good for you” and 27 28 promoting “health, balance and goodness.” (Dkt. No. 1, Compl. ¶¶ 1 4.) Plaintiff challenges the following two statements on the labels of the Products as being deceptive: 1) Some things in life are good for you, other things in life are fun. They don’t meet each other very often, but when they do, life gets pretty 4 brilliant, pretty quickly. 2) Nova Easy Kombucha is one of those rare things where health, balance and goodness get a lot more interesting.

7 (Id. ¶ 12.) He complains that these health and wellness messages are false and 8 misleading because Nova Kombucha contains six to eight percent alcohol by volume and 9 any alcohol consumption harms health by causing cancer and other chronic diseases. (Id. 10 ¶¶ 15-28.) 11 Plaintiff started purchasing various flavors of Nova Kombucha once a month 12 starting around 2022 from local stores such as Vons and Ralphs. (Id. ¶ 34.) When he…