SEARCH

Pellegrino v. The Procter & Gamble Co.

Defendant Fails to Show CA District Is an Appropriate Forum Absent its Consent

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION & ORDER Plaintiff Regina Pellegrino (“Plaintiff” or “Pellegrino”) brings this Class Action against Defendant Procter & Gamble (“Defendant” or “P&G”), asserting claims for unfair and deceptive business practices and false advertising under New York General Business Laws §§349 and 350. (Dkt. No. 1

192-205 (the “Pellegrino Complaint” or “Compl.”).) Now before the Court is Defendant’s Motion to Transfer the case to the United States District Court for the Northern District of California pursuant to 28 U.S.C. §1404(a) or, alternatively, stay the Action (“the Motion” or “Mot.”) (Dkt No. 20)). For the following reasons, Defendant’s Motion is denied. I. Background A. Factual Background Unless specified otherwise, the following facts are drawn from Plaintiff’s Complaint, as well as uncontested materials the Parties submitted in connection with this Motion, and are taken as true in resolving the instant Motion. 1. The Parties Defendant is a consumer goods company incorporated in Ohio and headquartered in Cincinnati, Ohio. (Pellegrino Compl. 8.) Among other products, Defendant develops and markets Metamucil, a psyllium fiber supplement. (Id. 10; Decl. of K. Blackburn in Supp. of Mot. 4 (“Blackburn Decl.”) (Dkt. No. 23).) The employees of Defendant who “have relevant responsibilities for Metamucil, including for the development, labeling design, and marketing of the product, are located in suburban Cincinnati.” (Blackburn Decl. 5.) Plaintiff is a New York resident who purchased Metamucil products starting in 2020, typically from a CVS in Thornwood, New York. (Pellegrino Compl.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

New York Legal Awards 2025

September 04, 2025
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.

Learn More

Complex Claims & Litigation Forum 2025

February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.

Learn More

Legalweek Leaders in Tech Law Awards 2025

March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.

Learn More

Judicial Secretary I, Judicial Secretary II, or Judicial Assistant

The Court of Appeal, First Appellate District in San Francisco is accepting applications for a full-time regular Judicial Secretary I, Judic...

Apply Now ›

County Attorney

The County is looking for a skilled and seasoned County Attorney to oversee the Law Department in delivering top-tier legal services, repres...

Apply Now ›

Corporate General Counsel

Position Summary: The Corporate General Counsel will manage and coordinate all legal and compliance matters affecting the company. The Gen...

Apply Now ›