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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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