Wright v. General Mills, Inc., No. 08cv1532, 2009 U.S. Dist. LEXIS 90576 (S.D. Calif. Sept. 30, 2009)

(plaintiff sued alleging that defendant engaged in false and misleading labeling and advertising in violation of state law with respect to sales of "Nature Valley" crunchy granola as "100% natural" even though product contained high fructose corn syrup; plaintiff's state law claim not barred by "field preemption" of FDA; plaintiff's claims not impliedly preempted by doctrine of conflict preemption because FDA has deferred taking regulatory action with respect to the term "natural"; application of primary jurisdiction doctrine inappropriate; but, plaintiff has not pleaded fraud with the required particularity under Rule 9(b); plaintiff's complaint dismissed without prejudice).

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