Court Denies Motion for Judgment on the Pleadings in False Advertising Action Over Soft Drinks

Cortina v. Goya Foods, Inc., No. 3:14-cv-00169 (S.D. Cal.): The Court denied Defendant's motion for judgment on the pleadings in this putative class action asserting violations of California's consumer protection statutes (FAL, CLRA, UCL). Plaintiffs allege Defendant failed to disclose certain information about the 4-MEI contained in its Malta Goya soft drinks.  The Court declined to consider Defendant's argument that the equitable claims should be dismissed because Plaintiff has an adequate remedy at law, because the argument was inappropriate on a pleading motion, where the focus is on the allegations made in the complaint. Order.