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Halim v. Kind LLC

False Advertising, Warranty Breach Claims Not Stated in Suit Over 'High Fiber' Granola

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OPINION AND ORDER Enticed by the promise of a nutritional snack, Plaintiff Aimen Halim purchased a bag of granola manufactured by Defendant KIND LLC. Among other nutritional benefits, the granola is promoted as being “high in fiber.” Upon realizing, however, that the granola is only “high in fiber” when consumed as a “cereal” (i.e., in a 2/3 cup serving), as opposed to as a “snack” (i.e., in a 1/3 cup serving), Plaintiff filed this putative class action against Defendant for false advertising and related claims. According to Plaintiff, because granola is typically consumed as a snack and not as a cereal, Defendant’s advertisement that the granola is “high in fiber” is misleading. Defendant moves to dismiss Plaintiff’s claims pursuant to the Federal Rule of Civil Procedure 12(b)(6). For the reasons that follow, the Court grants Defendant’s motion to dismiss. BACKGROUND¹ A. Factual Background Defendant is a Delaware corporation with a principal place of business in New York; Plaintiff describes Defendant as “a leading seller of healthy snacks, known for its focus on nutrition.” (FAC

32, 39). Among other products, Defendant manufactures, markets, and sells bags of granola. (Id. 1). Relevant to the instant case, Defendant’s Health Grains granola (the “Product”) is sold in 11-ounce (318-gram) bags in a variety of flavors. (Id. 28). On at least one occasion in 2022, Plaintiff, who is an Illinois citizen, purchased the Product for “$5.99 (excluding tax and sales)” at a store in Chicago, Illinois. (FAC

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