Rivka Steinberg v. Icelandic Provisions, Inc.

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS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.

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.