Summary
dismissing claims under the UCL, FAL, CLRA and N.Y. Gen. Bus. Law § 350 alleging that the packaging and labeling of high-sugar Perfect Bars misleadingly conveyed health and wellness message because "No consumer, on notice of the actual ingredients described on the [packaging] including honey and sugar, could reasonably overestimate the health benefits of the bar merely because the packaging elsewhere refers to it as a health bar and describes its recipe as being handed down from a health-nut parent. The honey/sugar content was properly disclosed - that is the end of it - period."
Summary of this case from Silver v. BA Sports Nutrition, LLCOpinion
No. C 18-06006 WHA
12-21-2018
HOWARD CLARK and MICHAEL SIMS on behalf of themselves, those similarly situated and the general public, Plaintiffs, v. PERFECT BAR, LLC, Defendant.
JUDGMENT
For the reasons stated in the accompanying order granting a motion for to dismiss pursuant to FRCP 12(b)(6) (Dkt. No. 22), FINAL JUDGMENT IS HEREBY ENTERED in favor of defendant Perfect Bar, LLC, and against plaintiffs Howard Clark, and Michael Sims. The Clerk shall please CLOSE THE FILE.
IT IS SO ORDERED. Dated: December 21, 2018.
/s/_________
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE