Rivka Steinberg v. Icelandic Provisions, Inc. ( 2023 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FILED
FOR THE NINTH CIRCUIT
JUN 9 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
RIVKA STEINBERG, individually and on No. 22-15287
behalf of all others similarly situated,
D.C. No. 3:21-cv-05568-EMC
Plaintiff-Appellant,
v. MEMORANDUM*
ICELANDIC PROVISIONS, INC.,
Defendant-Appellee.
Appeal from the United States District Court
for the Northern District of California
Edward M. Chen, District Judge, Presiding
Argued and Submitted March 29, 2023
Submission Vacated March 31, 2023
Resubmitted June 2, 2023
San Francisco, California
Before: GOULD, BERZON, and IKUTA, Circuit Judges.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
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.
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