Yumul v. Smart Balance, Inc.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS

MARGARET M. MORROW, District Judge.

I. BACKGROUND

Rebecca Yumul filed this putative class action against defendant Smart Balance, Inc. on February 8, 2010. 1 Yumul’s complaint alleges that she purchased Nucoa margarine, a product manufactured by Smart Balance, repeatedly during the class period, from January 1, 2000 until the present. 2

Yumul alleges that Nucoa contains artificial trans fat, which increases the risk of coronary heart disease by raising the level of “bad” LDL blood cholesterol and lowering the level of “good”…