Garrison et al v. Whole Foods Market California, Inc. et al

Filing 30

Order by Hon. Vince Chhabria granting in part and denying in part 16 Motion To Dismiss and Motion To Strike. (Filed on 6/2/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARY GARRISON, et al.,

Case No. 14-cv-00334-VC

Plaintiffs,
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v.

ORDER

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WHOLE FOODS MARKET CALIFORNIA,
INC., et al.,

Re: Dkt. No. 16

Defendants.

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Plaintiffs Mary Garrison and Grace Garrison bring this putative class action against

United States District Court
Northern District of California

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Defendants Whole Foods Market California, Inc. and Mrs. Gooch's Natural Foods Market, Inc.,

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alleging that several of Defendants' food products were improperly and unlawfully labeled "All

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Natural," when in fact they contain Sodium Acid Pyrophosphate ("SAPP"), a synthetic ingredient.

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Plaintiffs bring several common law claims as well as claims under California consumer

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protection statutes. On April 7, 2014, Defendants moved to dismiss Plaintiffs' complaint and to

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strike certain allegations contained therein. (Docket No. 16).

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For the reasons explained in the June 2, 2014 Order entered in related case 13cv5222, the

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motion to dismiss is GRANTED in part and DENIED in part. With respect to Plaintiffs' unjust

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enrichment claim and their claim for injunctive relief, the motion to dismiss is GRANTED with

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prejudice. To the extent Plaintiffs seek to bring claims based on representations not contained on

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the product labels themselves, Whole Foods' motion is GRANTED with leave to amend. In all

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other respects, the motion to dismiss is DENIED. Defendants' motion to strike is DENIED in its

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entirety.

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IT IS SO ORDERED.
Dated: June 2, 2014
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VINCE CHHABRIA
United States District Judge