Viggiano v. Hansen Natural Corp.
Decision Date | 13 May 2013 |
Docket Number | Case No. CV 12–10747 MMM (JCGx). |
Citation | 944 F.Supp.2d 877 |
Court | U.S. District Court — Central District of California |
Parties | Steven VIGGIANO, on behalf of himself and all others similarly situated, Plaintiff, v. HANSEN NATURAL CORPORATION; Hansen Beverage Company; Monster Beverage Corporation; and Does 1 through 100, inclusive, Defendants. |
OPINION TEXT STARTS HERE
Kenneth K. King, Kurt E. Kananen, Ronald Allen Hartmann, Hartmann and Kananen, Woodland Hills, CA, Kiley Lynn Grombacher, Marcus J. Bradley, Marlin and Saltzman, Agoura Hills, CA, for Plaintiff.
David F. McDowell, Purvi G. Patel, Dan E. Marmalefsky, Morrison and Foerster LLP, Los Angeles, CA, for Defendants.
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS
On November 13, 2012, Steven Viggiano, on behalf of himself and all similarly situated persons, filed a class action complaint in state court against Hansen Natural Corporation, and various affiliated companies (collectively “Hansen”).1 The action was removed to this court on December 17, 2012.2 On January 25, 2013, Viggiano filed a first amended complaint.3 The complaint pleads claims for violation of the Consumers Legal Remedies Act (“CLRA”), California Civil Code §§ 1750 et seq., the False Advertising Law (“FAL”), California Business & Professions Code §§ 17500 et seq., and the Unfair Competition Law (“UCL”), California Business & Professions Code §§ 17200 et seq. It also alleges various breach of warranty claims under state and federal law. Hansen moved to dismiss the first amended complaint on March 1, 2013.4 Viggiano opposes the motion. 5
Hansen is a company in the beverage industry.6 Among its products is a line of diet sodas—Diet Hansen's Premium Sodas.7 The sodas are sold in supermarkets and at other retail establishments throughout the United States.8 Hansen offers different flavors of the diet soda, such as creamy root beer, tangerine lime, and pomegranate.9 On the front of each can of diet soda is a label stating that the soda contains “all natural flavors;” this label also appears on the front of the box in which the diet soda is packaged.10 Each flavor of soda allegedly contains two synthetic ingredients, however: acesulfame potassium (“ace-k”) and sucralose. 11 These ingredients are purportedly artificial sweeteners and/or “flavor enhancers.” 12 Each soda also contains at least one natural fruit extract flavor.13
Viggiano has purchased several cans of Hansen's Diet Premium Sodas at a retail outlet store in Moorpark, California within the past four years.14 He alleges that the fact that the soda contains artificial ingredients makes the label claim “all natural flavors” false or misleading, as reasonable consumers would understand “natural flavors” to mean that the flavors have not been “modified, enhanced and/or supplemented with artificial and/or synthetic compounds.” 15 Viggiano also asserts that naming the soda “Premium Diet Soda” denotes that the quality of the beverage is higher than competing diet sodas; 16 he contends this too implies that Hansen's diet sodas are flavored only with natural ingredients, not synthetic flavor enhancers.17 Plaintiff alleges that Hansen uses the “all natural flavors” labeling to mislead consumers and cause them to believe “that the ingredients that give the products their flavor are all natural,” when in fact the flavors are supplemented by synthetic compounds.18 Viggiano contends he relied on Hansen's representations that the diet soda was “premium” and contained “all natural flavors,” and inferred from them that the beverages contained no artificial sweeteners or flavor enhancers.19 He asserts that, had he known the truth, he would not have purchased the drink.20
Viggiano sues on his own behalf and on behalf of a nationwide class of persons who purchased Hansen's Diet Premium Soda within the last four years. 21 He also seeks to represent a sub-class of all California residents who purchased the soda within the past four years.22
Hansen asks that the court take judicial notice of three exhibits, each containing images of Hansen's diet soda packaging and individual cans. The exhibits are images of the packaging for Hansen's diet tangerine lime soda; 23 the statement of ingredients on Hansen's diet creamy root beer cans; 24 and the statement of ingredients on Hansen's diet pomegranate can.25 Hansen asserts that Viggiano's complaint relies on the exhibits and that their authenticity is unchallenged.26
In deciding a Rule 12(b)(6) motion, the court generally looks only to the face of the complaint and documents attached thereto. Van Buskirk v. Cable News Network, Inc., 284 F.3d 977, 980 (9th Cir.2002); Hal Roach Studios, Inc. v. Richard Feiner & Co., Inc., 896 F.2d 1542, 1555 n. 19 (9th Cir.1990). It may, however, consider documents that are incorporated by reference but not physically attached to the complaint if they are central to plaintiffs' claim and no party questions their authenticity. See Marder v. Lopez, 450 F.3d 445, 448 (9th Cir.2006) ( ); Warren v. Fox Family Worldwide, Inc., 328 F.3d 1136, 1141 n. 5 (9th Cir.2003); Chambers v. Time Warner, Inc., 282 F.3d 147, 153 n. 3 (2d Cir.2002)); see also Sanders v. Brown, 504 F.3d 903, 910 (9th Cir.2007) ( );Lee v. City of Los Angeles, 250 F.3d 668, 688 (9th Cir.2001) ( ); In re Silicon Graphics Inc. Securities Litigation, 183 F.3d 970, 986 (9th Cir.1999) ( ).
Viggiano references the statement of ingredients on both Hansen diet soda cans and packaging several times in the complaint.27 In fact, he has included various images of Hansen diet soda cans and the packaging in his complaint.28 Viggiano does not dispute the accuracy of the exhibits Hansen seeks to have the court review. The court will therefore consider the documents under the incorporation by reference doctrine.
A Rule 12(b)(6) motion tests the legal sufficiency of the claims asserted in a complaint. A Rule 12(b)(6) dismissal is proper only where there is either a “lack of a cognizable legal theory” or “the absence of sufficient facts alleged under a cognizable legal theory.” Balistreri v. Pacifica Police Department, 901 F.2d 696, 699 (9th Cir.1988). In deciding a Rule 12(b)(6) motion, the court generally looks only to the face of the complaint and documents attached thereto. Van Buskirk v. Cable News Network, Inc., 284 F.3d 977, 980 (9th Cir.2002); Hal Roach Studios, Inc. v. Richard Feiner & Co., Inc., 896 F.2d 1542, 1555 n. 19 (9th Cir.1990).
The court must accept all factual allegations pleaded in the complaint as true, and construe them and draw all reasonable inferences from them in favor of the nonmoving party. Cahill v. Liberty Mutual Insurance Co., 80 F.3d 336, 337–38 (9th Cir.1996); Mier v. Owens, 57 F.3d 747, 750 (9th Cir.1995). It need not, however, accept as true unreasonable inferences or legal conclusions cast in the form of factual allegations. See Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) ( ); see also Moss v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir.2009) ().
To survive a motion to dismiss, plaintiff's complaint must Iqbal, 129 S.Ct. at 1949. See also id. ( ;Twombly, 550 U.S. at 545, 127 S.Ct. 1955 (...
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