MILLER v. GHIRARDELLI CHOCOLATE CO.

No. C 12-04936 LB.

912 F.Supp.2d 861 (2012)

Scott MILLER, an individual, on behalf of himself, the general public and those similarly situated, Plaintiff, v. GHIRARDELLI CHOCOLATE COMPANY, and Does 1 Through 50, Defendants.

United States District Court, N.D. California, San Francisco Division.

December 7, 2012.


Attorney(s) appearing for the Case

Adam Gutride , Anthony J. Patek , Kristen Gelinas Simplicio , Seth Adam Safer , Gutride Safer LLP, San Francisco, CA, for Plaintiff.

Benjamin Jefferson Sitter , Deborah Kristina Barron , Thomas B. Mayhew , Farella Braun & Martel, San Francisco, CA, for Defendants.


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

LAUREL BEELER, United States Magistrate Judge.

INTRODUCTION

Plaintiff Scott Miller bought a package of "Ghirardelli Chocolate Premium Baking Chips Classic White" and then — on behalf of himself and other consumers — sued Ghirardelli Chocolate, complaining that this and four other Ghirardelli Chocolate products were marketed as "White" or "White Chocolate Flavored...

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