Cody Weiss, on behalf of himself and all others similarly situated v. The Kroger Co., Ralphs Grocery Co., and Does 1 through 50, inclusive
Published: Aug. 30, 2014 | Result Date: Aug. 8, 2014 | Filing Date: Jan. 1, 1900 |Case number: 2:14-cv-03780-R-MRW Bench Decision – Dismissal
Court
USDC Central
Attorneys
Plaintiff
Christopher P. Ridout
(Zimmerman Reed LLP)
Shafiel A. Karim
(Law Office of Shafiel A. Karim PC)
Caleb L.H. Marker
(Zimmerman Reed LLP)
Defendant
Jeffrey S. Kramer
(Kramer, deBoer & Keane)
Jacob M. Harper
(Davis, Wright & Tremaine LLP)
Facts
Cody Weiss filed a class action against The Kroger Co. and Ralphs Grocery Co. in relation to Kroger's Sunflower Seeds product.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that defendants' Sunflower Seeds product listed the sodium content for the "edible portion" of the product. However, the listed sodium content only included what was on the seed and did not include the sodium content contained in the shell. Plaintiff alleged that this misled the consumers into believing that they were consuming less salt than they actually would be. Plaintiff alleged causes of action for violations of the California Consumer Legal Remedies Act, False Advertising Law, and Unfair Competition Law.
DEFENDANTS' CONTENTIONS:
Defendants filed a motion to dismiss, arguing that plaintiff's complaint failed to state a relief.
Result
The court agreed to dismiss the complaint without leave to amend.
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