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”) alleging deceptive 26 and fraudulent marketing of its alcoholic “Nova Kombucha” (the “Product”) as “good for 27 you” and promoting “health, balance and goodness.” (Dkt. No. 1, Compl. ¶¶ 1, 4.) On 28 September 14, 2023, the Court sua sponte dismissed the complaint for lack of subject matter jurisdiction with leave to amend and denied Defendant’s motion to dismiss as moot. (Dkt. No. 11.) On September 28, 2023, Plaintiff filed a first amended complaint (“FAC”). (Dkt. No. 12.) In the FAC, Plaintiff claims that Defendant’s labeling of Nova Kombucha as “good for you” and promoting “health, balance and goodness” are false and misleading because it contains 6-8% alcohol by volume and consuming alcohol causes a wide variety of short and long term health risks and problems. (Id. ¶¶ 1, 3.) Moreover, Plaintiff claims it is misleading to suggest that the Products are healthier than any other alcoholic beverages or hard kombuchas. (Id.) Traditional kombucha is a fermented tea that has…