Cortina v. Goya Foods, Inc.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS PLAINTIFFS’ FIRST AMENDED CONSOLIDATED COMPLAINT [DOC. 31]

M. JAMES LORENZ, District Judge.

This putative class action arises from Plaintiffs’ allegations that Defendant manufactured, advertised, and sold mislabeled beverages. Defendant now moves to dismiss all claims in the First Amended Consolidated Complaint (“FACC”) under Federal Rule of Civil Procedure 12(b)(6) and alternatively, to strike two of the three listed beverages from the FACC. Plaintiffs oppose.

For the following reasons, the Court GRANTS IN PART and DENIES…