Summary
affirming dismissal of plaintiff's claims where the product's back label resolved the front label's ambiguity
Summary of this case from Husain v. Campbell Soup Co.Opinion
22-15287
06-09-2023
RIVKA STEINBERG, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. ICELANDIC PROVISIONS, INC., Defendant-Appellee.
NOT FOR PUBLICATION
Argued and Submitted March 29, 2023
Submission Vacated March 31, 2023
Resubmitted June 2, 2023 San Francisco, California
Appeal from the United States District Court for the Northern District of California Edward M. Chen, District Judge, Presiding D.C. No. 3:21-cv-05568-EMC
Before: GOULD, BERZON, and IKUTA, Circuit Judges.
MEMORANDUM [*]
Rivka Steinberg appeals the district court's order granting Icelandic Provisions' motion to dismiss her complaint for failure to state a claim. We have jurisdiction, see 28 U.S.C. § 1291, and we affirm.
Steinberg's complaint fails to allege that the product's front label would deceive a reasonable consumer to believe that the product is manufactured in Iceland, because the front label's "ambiguity [is] resolved by reference to the back label," which accurately states that the product is manufactured in New York. McGinity v. Procter &Gamble Co., No. 22-15080, __ F.4th __ (9th Cir. 2023).
AFFIRMED.
[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.