Lockwood v. Conagra Foods, Inc.

MEMORANDUM AND ORDER

CHARLES R. BREYER, District Judge.

Plaintiffs filed this putative class action under California’s Unfair Competition Law, Business and Professions Code section 17200. They allege that defendant engages in misleading conduct by advertising its “Healthy Choice” pasta sauce as “all natural” when in fact it includes “high fructose corn syrup.” Defendant moves to dismiss on the ground that plaintiffs’ claims are expressly preempted by the Nutrition Labeling and Education Act and impliedly preempted by comprehensive Food and Drug Administration (“FDA”) regulations under the…