Full opinion text
OMNIBUS ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS PLAINTIFFS’ SECOND AMENDED COMPLAINT (D.E. 74); GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION REQUESTING JUDICIAL NOTICE IN SUPPORT OF THEIR MOTION TO DISMISS (D.E. 72); GRANTING AGREED MOTION TO FILE DOCUMENTS UNDER SEAL (D.E. 73); GRANTING PLAINTIFFS’ UNOPPOSED MOTION TO REQUEST JUDICIAL NOTICE IN SUPPORT OF THEIR RESPONSE IN OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS (D.E. 81); AND GRANTING AGREED MOTION TO FILE DOCUMENTS UNDER SEAL (D.E. 88) JOAN A. LENARD, District Judge. THIS CAUSE is before the Court on Defendants Kashi Company and The Kellogg Company’s Motion to Dismiss Plaintiffs’ Second Amended Complaint (“Motion,” D.E. 74), filed December 4, 2013. Plaintiffs Katrina Garcia, Laura Eggnatz and Julie Martin (“Plaintiffs”) filed a Response on December 23, 2013 (“Response,” D.E. 80), to which Defendants filed a Reply on January 9, 2014 (“Reply,” D.E. 89). Also before the Court is Defendants’ Motion Requesting Judicial Notice in Support of their Motion to Dismiss (D.E. 72), filed December 2, 2013, Plaintiffs’ Response in Opposition to the Motion for Judicial Notice (D.E. 82), filed December 23, 2013, and Defendants’ Reply thereto (D.E. 83), filed January 2, 2014. Also before the Court are an Agreed Motion to File Documents Under Seal (D.E. 73), filed December 4, 2013; Plaintiffs Unopposed Motion to Request Judicial Notice in Support of their Response in Opposition to Defendants’ Motion to Dismiss (D.E. 81), filed December 23, 2013; and an Agreed Motion to File Documents Under Seal (D.E. 88), filed January 10, 2014. The agreed and unopposed motions (D.E. 73, 81, and 88) are hereby GRANTED; the Court will address the contested motions separately. And, upon review of the Motions, Responses, Replies, and the record, the Court finds as follows. I. Relevant Facts Defendants manufacture, market, advertise, distribute, and sell various breakfast cereals, cereal bars, energy bars, and other foodstuffs. (SAC, D.E. 58 ¶ 1.) At issue in this case are Defendants’ Kashi brand cereal products, snack bars, cookies, crackers, crisps, entrees, pilaf, pizza and waffle products which contain one or more of the following ingredients: Genetically Modified Organisms (“GMOs”) and/or synthetic ingredients, such as GMO soy, GMO soy-derivatives, GMO corn, GMO corn-derivatives, Pyridoxine Hydrochloride, Alpha-Tocopherol Acetate, Hexane-Processed Soy ingredients and Calcium Pantothenate. (Id. ¶¶ 1, 3.) Defendants market these products as “ALL NATURAL” and/or containing “nothing artificial.” (Id. ¶2.) Plaintiffs allege that they “were induced to buy the Products by the words ‘all natural’ on the packaging and Defendants’ representations that the Products had ‘nothing artificial.’ Plaintiffs expected to purchase products with wholesome ingredients untouched by scientific modifications—only to learn that they were in fact consuming bioengineered, artificial and synthetic ingredients.” (Id. ¶ 4.) Plaintiffs contend that bioengineered organisms do not meet the definition of “all-natural” in the federal regulations, and that Pyridox-ine Hydrochloride, Alpha-Tocopherol Acetate, Hexane-Processed Soy ingredients and Calcium Pantothenate are artificial and/or synthetic. (Id. ¶ 10.) Thus, they claim that “Defendants’ advertising and labeling is deceptive and likely to mislead the public as a result.” (Id. ¶ 25.) On May 3, 2012, Plaintiffs Eggnatz and Garcia filed a Complaint in the Southern District of Florida. (See D.E. 1.) On September 14, 2012, Plaintiff Martin filed a Class Action Complaint in the Northern District of California. (See Martin v. The Kellog Company, et al., No. CV 12-04846 CRB (N.D.Cal. Sept. 14, 2012), Compl. (D.E. 1).) On December 7, 2012, The Honorable Charles R. Breyer, United States District Judge for the Northern District of California, ordered Plaintiff Martin’s ease to be transferred to the Southern District of Florida. (Id. at D.E. 20.) On January 11, 2013, this Court entered an Order consolidating the two cases, and further ordered Plaintiffs to file an amended consolidated complaint. (D.E. 30.) On October 18, 2013, Plaintiffs filed their Amended Consolidated Class Action Complaint (“SAC,” D.E. 58), which is the operative pleading for the instant Motion to Dismiss. The SAC lists the Florida causes of action as (1) violations of Florida’s Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201 et seq. (id. ¶¶ 72-87); (2) Negligent Misrepresentation (id. ¶¶ 88-95); (3) Breach of Implied Warranty of Fitness for Purpose (id. ¶¶ 96-103); (4) Breach of Express Warranty (id. ¶¶ 104-111); (5) Declaratory Judgment (id. ¶¶ 112-117); (6) Money Had and Received (id. ¶¶ 118-130); and lists the California causes of action as violations of (7) California’s Business and Professions Code § 17500 et seq. (id. ¶¶ 131-141); (8) California Civil Code § 1750 et seq. (id. ¶¶ 142-151); (9) the “unfair” and “fraudulent” prongs of California Business and Professions Code § 17200 et seq. (id. ¶¶ 152-164); and (10) the “unlawful” prong of California Business and Professions Code § 17200 et seq. (id. ¶¶ 165-174). Plaintiffs seek declaratory and injunctive relief in addition to monetary damages and attorneys’ fees and costs. (Id. at 44-45.) II. Motion for Judicial Notice Because the Court may rely upon some of the documents contained within Defendants’ Motion Requesting Judicial Notice (D.E. 72), the Court will address that Motion first. Pursuant to Federal Rule of Evidence 201, a “court may judicially notice a fact that is not subject to reasonable dispute because it: (1) is generally known within the trial court’s territorial jurisdiction; or (2) can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.” Fed. R.Evid. 201(b). “The contents of the Federal Register shall be judicially no-ticed____” 44 U.S.C. § 1507; see also United States v. Wolny, 133 F.3d 758, 764 (10th Cir.1998). Defendants ask the Court to take judicial notice of the following: 1. A statement of policy by the Food and Drug Administration (“FDA”), printed in the Federal Register and dated January 6, 1993 (D.E. 72-1); 2. A statement of policy by the FDA, printed in the Federal Register and dated November 27, 1991 (D.E. 72-2); 3. A statement of policy by the FDA titled “Statement of Policy: Foods Derived From New Plant Varieties,” printed in the Federal Register and dated May 29,1992 (D.E. 72-3); 4. A request for information regarding a statement of policy by the FDA titled “Food Labeling; Foods Derived From New Plant Varieties,” printed in the Federal Register and dated April 28, 1993 (D.E. 72-4); 5. The FDA’s “Guidance for Industry Voluntary Labeling Indicating Whether Foods Have or Have Not Been Developed Using Bioengineering, Draft Guidance,” released for comment in January 2001 (D.E. 72-5); 6. The FDA’s “Guidance on Consultation Procedures, Foods Derived From New Plant Varieties,” dated October 1997 (D.E. 72-6); 7. A “transcript of testimony” presented by the FDA before the House Subcommittee on Basic Research, dated October 19, 1999 (D.E. 72-7); and 8. A letter from the United States Department of Agriculture (“USDA”) to a supplier of hexane-processed soy dated August 23, 2006 (D.E. 73-1). (See Motion Requesting Judicial Notice, D.E. 72 at 1-2.) Plaintiffs argue that the Court should deny the Motion in toto, because (1) “the ‘facts’ that Defendants request to take judicial notice of are subject to reasonable dispute;” and (2) “because, to the extent the Exhibits shed any light at all on the issues at hand, they contradict Defendants’ arguments in their Motion.” (Response to Defendant’s Motion .Requesting Judicial Notice, D.E. 82 at 2.) They argue that the purported fact that Defendants are attempting to establish—i.e., “that it would be ‘objectively unreasonable’ for a consumer to believe that an ‘all natural’ label on a food package could indicate that the food within did not contain GMOs and/or the other synthetic ingredients,” (id. at 4)—is not appropriate for judicial notice because it cannot be “accurately and readily determined” from the documents. (Id. (quoting Fed.R.Evid. 201(b).)) Finally, with respect to Exhibit 8, they argue that “the 2006 letter to Defendants’ hexane-processed soy supplier lacks foundation, is presented out of context and its accuracy is highly disputed by Plaintiffs.” (Id.) In reply, Defendant asserts that the “fact” of which it seeks judicial notice is “that the FDA and the USDA have made certain statements regarding natural food products and bioengineered ingredients, which are relevant to the determination of whether Plaintiffs have stated a claim upon which relief can be granted.” (Reply in Support of Motion Requesting Judicial Notice, D.E. 83 at 1-2.) The Court takes judicial notice of Exhibits 1 through 4—the Federal Register exhibits-pursuant to 44 U.S.C. section 1507. See Randolph v. J.M. Smucker Co., No. 13-80581-CIV, 2014 WL 1018007, at *1-2 (S.D.Fla. Mar. 14, 2014) (taking judicial notice of Federal Register exhibits, including Exhibits 3 and 4 above, pursuant to 44 U.S.C. § 1507). The Court also takes judicial notice of Exhibits 5 and 6. See id. (taking judicial notice of Exhibits 5 and 6 above). “In doing so, the Court simply accepts that these are true copies of the items. The Court does not take judicial notice of the various arguments made by the parties relative to the meaning and import of these documents.” Id. at *2. However, the Court denies the request to take judicial notice of Exhibits 7 and 8. First, with respect to Exhibit 7, “although described by Defendant as a ‘transcript’, these items are copies of statements purportedly given before Congress,” and “are not adjudicative facts.” Id. (denying motion to take judicial notice of Exhibit 7 above). Second, with respect to Exhibit 8, the letter Defendants seek to introduce is from the USDA to one of Defendants’ primary suppliers of hexane-processed soy products. (See Letter, D.E. 73-1.) In that letter, the USDA informs the supplier that certain soy protein isolates and soy protein concentrates manufactured with hexane are acceptable as ingredients in meat and poultry products labeled as “natural.” (Id.) The letter is marked “CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER, ATTORNEY’S EYES ONLY.” (Id.) The Court finds that this letter does not evince an “adjudicative fact” of which the Court can take judicial notice. See Astiana v. Kashi Co., 295 F.R.D. 490, 493 (S.D.Cal.2013) (“Kashi is mistaken in asserting that the USDA letter settles the issue of whether hexane-processed soy ingredients are natural as a matter of federal law.”). “First, the USDA letter repeatedly states that it applies only to meat and poultry products.” Id. (citing Barnes v. Campbell Soup Co., C 12-05185 JSW, 2013 WL 5530017, at *6 (N.D.Cal. July 25, 2013) (holding USDA authority is limited to meat and poultry products)). Second, it is questionable at best whether a confidential document under a court-issued protective order can establish an “adjudicative fact” of which another court may take judicial notice. “Third, a letter from the USDA is not presumptively controlling authority. ‘Interpretations such as those in opinion letters—like interpretations contained in policy statements, agency manuals, and enforcement guidelines, all of which lack the force of law—do not warrant Chevron-style deference.’ ” Id. (quoting Wos v. E.M.A. ex rel. Johnson, — U.S. -, 133 S.Ct. 1391, 1402, 185 L.Ed.2d 471 (2013)). Finally, characterizing hexane-produced soy as “all natural” “runs afoul of its own website,” id., which defines “natural” as “minimally processed .... Minimal Processing involves only kitchen chemistry processes that can be done in a family kitchen....” (SAC ¶ 42 (quoting Kashi Yearbook, www.kashi. com/meet—us/yearbook).) Nothing in the record indicates that isolating the soy protein using hexane-processing can be achieved by Defendant’s definition of “minimal processing.” Thus, the Court rejects Defendant’s request to take judicial notice of the USDA letter because it does not evince an adjudicative fact, e.g., “how consumer class members would view hexane-processed soy ingredients in Kashi products.” Kashi, 295 F.R.D. at 493. III. Motion to Dismiss Under Federal Rule of Civil Procedure 12(b)(6), a court may dismiss a claim for “failure to state a claim upon which relief can be granted.” In reviewing a motion to dismiss, the Court must accept the factual allegations as true and construe them broadly in the light most favorable to the plaintiff. See Watts v. Fla. Int’l Univ., 495 F.3d 1289, 1295 (11th Cir.2007). “To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ ” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). Con-elusory statements, assertions or labels will not survive a 12(b)(6) motion to dismiss. Id. “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id.; see also Edwards v. Prime, Inc., 602 F.3d 1276, 1291 (11th Cir.2010) (setting forth the plausibility standard). In recent decisions, the Eleventh Circuit further advised that courts may make reasonable inferences in a plaintiffs favor, but they are not required-to draw plaintiffs inference. Sinal-trainal v. Coca-Cola, 578 F.3d 1252, 1260 (11th Cir.2009). Defendants begin by asserting broader arguments for dismissal before challenging the individual claims. The Court will discuss the arguments in the order they were presented by Defendants’ Motion. A. Whether Plaintiffs’ claims are preempted. Each count in the SAC alleges that Defendants violated some law by representing their products as “all natural” and containing “nothing artificial,” when in fact the products contain GMOs and other allegedly synthetic ingredients. Defendants’ Motion argues that Plaintiffs are seeking “to impose new and different labeling standards for products that may have bioengi-neered ingredients” (Motion at 6), which would conflict with federal policy—specifically, the Food and Drug Administration’s (FDA) regulation of natural and bioengi-neered foods under the Federal Food, Drug, and Cosmetic Act (FDCA), as amended by the Nutrition Labeling and Education Act (NLEA), 21 U.S.C. section 341 et seq. Thus, Defendants argue that Plaintiffs’ claims are preempted by federal law and/or policy. (See Motion at 6.) They offer four separate arguments in support: first, they argue that Plaintiffs’ GMO-based claims are preempted by FDA policy and regulations (id.); second, they argue that Plaintiffs’ GMO-based claims conflict with FDA regulations governing the identification of common ingredients (id. at 7); third, they appear to argue that two eases from other districts support the conclusion that Plaintiffs’ challenge to the “all natural” representation on the product packaging is preempted (id. at 8-10); and fourth, they argue that Plaintiffs’ “claims against vitamins and hexane-processed soy are preempted” because “the FDA permits ‘natural’ foods to contain synthetic ingredients and processing aids as long as they are normally expected in food” (id. at 10). In Response, Plaintiffs contend that the SAC does not allege Defendants are required to disclose the presence of GMOs, only that the. current “all natural” labeling is deceptive and misleads reasonable consumers. (Response at 6-7.) “Whether federal statutes or regulations preempt state law is ‘a question of congressional intent.’ ” Irving v. Mazda Motor Corp., 136 F.3d 764, 767 (11th Cir.1998) (quoting Perry v. Mercedes Benz of N. Am., Inc., 957 F.2d 1257, 1261 (5th Cir.1992)). “Congress—through federal laws and regulations—may effectively preempt state law in three ways: (1) express preemption; (2) field preemption (regulating the field so extensively that Congress clearly intends the subject area to be controlled only by federal law); and (3) implied (or conflict) preemption.” Id. Here, Defendants appear to argue Plaintiffs claims are expressly preempted and impliedly preempted. (See Motion at 6 (“Plaintiffs’ GMO-based claims conflict with FDA Policy on GMOs.”).) 1. FDA policy on GMO-based claims Defendants argue that “[f]or two decades, the FDA has consistently rejected any requirement that bioengineered foods must be labeled differently because the FDA has determined that there is no material difference from non-bioengineered foods that would require such disclosure.” (Motion at 6.) However, this argument is based on a misreading of the SAC: the SAC does not allege that Defendants are required to disclose the presence of GMOs on the packaging of their products, as Defendants assert; rather, the SAC merely alleges that the “all natural” representation currently on the packaging would, and does, mislead reasonable consumers. (Response at 6-7 (citing SAC ¶¶ 7-9, 36-39, 46-53).) Accordingly, to the extent Defendants argument is based on the mistaken premise that the SAC seeks to impose a disclosure requirement on Defendants GMO products, it is rejected. The Court turns to whether Plaintiffs’ claims are otherwise preempted. a. Express Preemption “‘[A] strong presumption exists against finding express preemption when the subject matter ... is one that has traditionally been regarded as properly within the scope of the states’ rights.’ ” Irving, 136 F.3d at 767 (quoting Taylor v. Gen. Motors Corp., 875 F.2d 816, 823 (11th Cir.1989)). “ ‘If there be any subject over which it would seem the states ought to have plenary control ... it is the protection of the people against fraud and deception in the sale of food products.’ ” Holk v. Snapple Beverage Corp., 575 F.3d 329, 334-35 (3d Cir.2009) (quoting Plumley v. Massachusetts, 155 U.S. 461, 472, 15 S.Ct. 154, 39 L.Ed. 223 (1894)). Thus, the NLEA’s express preemption provision must be construed narrowly. See Irving, 136 F.3d at 767 (citing Taylor, 875 F.2d at 823-24).. The NLEA’s express preemption provision provides, in relevant part: “[N]o State ... may directly or indirectly establish ... any requirement for the labeling of food of the type required by section 343(k) of this title that is not identical to the requirement of such section[.]” 21 U.S.C. § 343—1(a)(3). Section 343(k), in turn, provides that food is misbranded “[i]f it bears or contains any artificial flavoring, artificial coloring, or chemical preservative[.]” This provision does not apply to the SAC, because Plaintiffs do not allege that Kashi’s products contain artificial flavoring, coloring, or chemical preservatives, but rather that the GMOs and other allegedly synthetic ingredients precludes the products from being characterized as “all natural.” Accordingly, the Court finds that Plaintiffs claims are not expressly preempted. See Lockwood v. Conagra Foods, Inc., 597 F.Supp.2d 1028, 1031 (N.D.Cal.2009) (finding NLEA did not expressly preempt plaintiffs’ claim that defendant’s pasta sauce was not “all natural” because it contained high fructose corn syrup); Astiana v. Ben & Jerry’s Homemade, Inc., Nos. C 10-4387 PJH, C 10-4937 PJH, 2011 WL 2111796, at *9-10 (N.D.Cal. May 26, 2011) (finding NLEA did not expressly preempt plaintiff’s claims that defendants engaged in fraud under the UCL by describing their ice cream as “all natural” when it contained alkalized cocoa); Hitt v. Ariz. Beverage Co., LLC, No. 08cv809 WQJ (POR), 2009 WL 449190, *4 (S.D.Cal. Feb. 4, 2009) (finding NLEA did not expressly preempt plaintiffs claim that defendant’s beverages were deceptively mislabeled as “all natural” because they contained high fructose corn syrup). b. Implied (Conflict) Preemption Alternatively, Defendants appear to argue that Plaintiffs’ claims are impliedly preempted because a court order requiring Defendants to remove the “all natural” language from their product packaging would “require this Court to legislate state law requirements for bioengineered foods that conflict with federal policy.” (Motion at 6.) This argument fails because the FDA does not have a policy permitting food containing GMOs to be described as “natural,” nor has it regulated the term “all natural.” Implied preemption occurs “where it is impossible for a private party to comply with both state and federal requirements, see, e.g., Florida Lime & Avocado Growers, Inc. v. Paul, 373 U.S. 132, 142-43, 83 S.Ct. 1210, 10 L.Ed.2d 248 (1963), or where state law ‘stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.’ ” English v. Gen. Elec. Co., 496 U.S. 72, 79, 110 S.Ct. 2270, 110 L.Ed.2d 65 (1990) (quoting Hines v. Davidowitz, 312 U.S. 52, 67, 61 S.Ct. 399, 85 L.Ed. 581 (1941)). Defendants rely on the informal policy espoused by the FDA in 1991, which provides: “[T]he agency has considered ‘natural’ to mean that nothing artificial or synthetic (including colors regardless of source) is included in, or has been added to, the product that would not normally be expected to be there.” Food Labeling: Nutrient Content Claims, General Principles, Petitions, Definition of Terms, 56 Fed.Reg. 60421, 60466 (Nov. 27, 1991). Defendants also cite a 1993 statement from the FDA in which it specifically declined to establish a definition for “natural,” and maintained the informal position it espoused in 1991. Food Labeling: Nutrient Content Claims, General Principles, Petitions, Definition of Terms; Definitions of Nutrient Content Claims for the Fat, Fatty Acid, and Cholesterol Content of Food, 58 Fed.Reg. 2302, 2407 (Jan. 6, 1993). Thus, with respect to Plaintiffs’ “all natural” claims, “the FDA has deferred taking regulatory action. Plaintiffs All Natural Claims do not stand as an obstacle to accomplishing Congress’s objectives of uniformity and consistency in regulating ... labeling because there are no federal requirements regarding the term ‘natural’ to be given preemptive effect.” Hitt, 2009 WL 449190, *5. Nor has Defendant established that Plaintiffs’ claims, if successful, make compliance with federal law an impossibility. See Lockwood, 597 F.Supp.2d at 1034. Furthermore, in Holk v. Snapple Beverage Corp., the Third Circuit Court of Appeals held that this informal FDA policy upon which Defendants rely for preemptive effect “is not entitled to preemptive effect.” 575 F.3d 329, 340 (3d Cir.2009) (emphasis added). In Holk, the plaintiff sued a beverage maker under, inter alia, a state consumer fraud statute for deceptively advertising its beverages as “All Natural” when they contained high fructose corn syrup (HFCS)—“an ingredient manufactured from processed cornstarch.” Id. at 332. The defendant argued, as Defendants appear to argue here, that the plaintiffs claim was impliedly preempted because it would impose “additional conditions not contemplated by the federal regime.” Id. at 339. The plaintiff argued, as Plaintiffs argue here, that the “causes of action do not serve as an obstacle to federal objectives because there ‘are no federal requirements in place regarding the term ‘natural.’ ’ ” Id. at 339-40. After a lengthy, well-reasoned analysis, the Third Circuit concluded that the FDA’s informal policy on the term “natural” was not entitled to preemptive effect and, therefore, that the plaintiffs claims under the consumer fraud statute were not preempted. Id. at 340-41. See also Von Koenig v. Snapple Beverage Corp., 713 F.Supp.2d 1066, 1076 (E.D.Cal.2010) (concluding that FDA policy on the term “natural” was not entitled to preemptive effect with regard to “safe harbor” provision in California statute). Accordingly, Plaintiffs’ claims are not impliedly preempted. Lockwood, 597 F.Supp.2d at 1034; see also In re Frito-Lay N. Am., Inc. All Natural Litig., No. 12-MD-2413 (RRM)(RLM), 2013 WL 4647512, at *10 (E.D.N.Y. Aug. 29, 2013) (concluding that FDA’s informal policy on “natural” was not conflict preemptive in case challenging that “all natural” labeling was misleading due to use of GMOs). In sum, the Court concludes that Plaintiffs’ GMO-based claims are neither expressly nor impliedly preempted by FDA policy or regulations. 2. FDA regulations governing the identification of common ingredients Next, Defendants argue that Plaintiffs’ GMO-based claims are preempted “because the FDA has implemented comprehensive labeling regulations for food ingredients that directly undercut Plaintiffs’ claim that Kashi must identify its ingredients as bioengineered.” (Motion at 7.) Once again, Defendants’ argument is premised on a misreading of the SAC. Plaintiffs do not, as Defendants argue, “suggest that Kashi should have identified ingredients as bioengineered.” (Id.) Rather, the SAC alleges that the “all natural” representation currently on the packaging would, and does, mislead reasonable consumers. (Response at 6-7 (citing SAC ¶¶ 7-9, 36-39, 46-53).) Accordingly, Defendants’ argument with respect to FDA regulations governing identification of common ingredients is misplaced and therefore rejected. 3. Plaintiffs’ “end-run” around the NLEA and FDA Next, Defendants argue that Plaintiffs are attempting an “end-run around the NLEA and FDA regulations ... by claiming they are merely objecting to the ‘all natural label, rather than the alleged use of bioengineered ingredients.’ ” (Motion at 8.) Essentially, Defendants are just using different terms and relying on different cases to again argue that Plaintiffs’ GMO-based claims are expressly preempted. However, their argument is unpersuasive. First, Defendants rely on In re: Pepsi-Co, Inc., Bottled Water Marketing & Sales Practices Litigation, 588 F.Supp.2d 527 (S.D.N.Y.2008). In that case, the plaintiffs sued the makers of Aquafina water for, inter alia, unfair and deceptive trade practices. Id. at 529. They alleged that the defendant deceptively placed an image of a mountain on bottled water to mislead consumers as to the source of the water, which was actually just purified “tap water.” Id. The parties agreed “that although bottled water originating from a community water system generally must be labeled ‘from a community water system’ or ‘from a municipal source,’ the applicable standard of identity explicitly exempts from this source disclosure requirement water meeting the definition of purified drinking water.” Id. at 534 (citing 21 ' C.F.R. § 165.110(a)(3)(ii)). Relying on the FDA’s final rule interpreting the FDCA’s express preemption provision, the court concluded that “the only State requirements that are subject to preemption are those that are affirmatively different from the Federal requirements[.]” Id. at 532 (quoting 60 Fed.Reg. 57076, 57120 (Nov. 13, 1995)). Consequently, it held that Plaintiffs’ claims are expressly preempted ... because: (1) federal law is. not silent on the subject of implied labeling misrepresentations regarding the municipal source of bottled water; and (2) given that the Aquafina label fits within the exception for purified water and thus complies with the FDCA’s requirements, Plaintiffs state law claims by necessity are premised on requirements that are not parallel to those imposed by federal law. Id. Thus, finding that the plaintiffs’ cause of action would impose a labeling requirement explicitly rejected by the FDA, and affirmatively different from the federal requirements, the court found the claims preempted. Id. In contrast, here, “[u]nlike the federal standard governing bottled water considered in Pepsico, ... defendants do not have the benefit of an express preemption provision or interpretive guidance by the FDA as to the scope of the regulation’s preemptive effect.” Chavez v. Blue Sky Natural Beverage Co., 268 F.R.D. 365, 372 (N.D.Cal.2010) (finding no preemption in consumer class action alleging beverage company misrepresented origin of beverage). Here, no “affirmatively different” regulation applies to Plaintiffs’ claims; Pepsico is inapposite. Second, Defendants rely on Hairston v. South Beach Beverage Co., Inc., No. CV 12-1429-JFW (DTBx), 2012 WL 1893818 (N.D.Cal. May 18, 2012). In Hairston, the Plaintiff sued beverage-makers alleging: (1) “that the ‘all natural’ label is potentially deceptive because Lifewater contains ‘deceptively labeled ingredients’ that are ‘synthetic or created via chemical processing’ (2) “that Lifewater’s labels are potentially misleading because the names of various fruits are used to describe the different flavors of Lifewater even though Lifewater does not contain any actual fruit or fruit juice”; and (3) “that the use of the common vitamin name (e.g., B12) on the product labels is misleading because the vitamins added to Lifewater are synthetic or created via chemical processing.” Id. at *1. The court began by finding that the second claim was preempted “because FDA regulations explicitly permit manufacturers ‘to use the name and images of a fruit on a product’s packaging to describe the characterizing flavor of the product even where the product does not contain any of that fruit, or contains no fruit at all[.]’ ” Id. at *3 (quoting Dvora v. Gen. Mills, Inc., No. CV 11-1074-GW(PLAx), 2011 WL 1897349, at *4 (C.D.Cal. May 16, 2011) (citing 21 C.F.R. §§ 101.22(i), 101.22(i)(1)(i); 101.22(i)(1)(ii))). Next, the court found that the third claim was preempted because FDA regulations permit the use of common vitamin names on nutritional labeling. Id. (citing 21 C.F.R. §§ 101.9(c)(8)(v), 101.9(k)(4)). Finally, the court concluded that Plaintiff cannot avoid preemption of these claims by arguing that his claim relates solely to Defendants’ “all natural” representations and that he included his fruit name and vitamin name claims only as support for his “all natural” claim. Plaintiffs argument would effectively allow Plaintiff to avoid preemption of those claims, and would undermine the purpose of the federal labeling standards which includes avoiding a patchwork of different state standards. Id. Thus, “Hairston did not address whether ‘all natural’ claims, on their own, are preempted,” Larsen v. Trader Joe’s Co., 917 F.Supp.2d 1019, 1024 (N.D.Cal. 2013) (finding “all natural” claims were not preempted by FDCA or FDA regulations). •Rather, “Hairston stands for the limited and unremarkable proposition that a plaintiff cannot avoid,preemption of one claim by asserting that it supports another claim.... The pertinent inquiry is whether Plaintiffs ... claim, standing on its own, is preempted.” Pardini v. Unilever United States, Inc., 961 F.Supp.2d 1048, 1058 (N.D.Cal.2013). For the reasons discussed in Section 111(A)(1) and (2), supra, and Section 111(A)(4), infra, Plaintiffs’ standalone challenge to Defendants’ “all natural” labeling are not preempted. Accordingly, Hairston is of no help to Defendants. In sum, the Court rejects Defendants’ argument that Plaintiffs cannot challenge the “all natural” characterization of its products. At this motion to dismiss stage, the Court accepts Plaintiffs’ well-pleaded allegations that the “all natural” labeling on Defendants’ products is misleading. 4. Plaintiffs’ challenge to vitamins and hexane-processed soy Next, Defendants argue that the FDA permits “natural” foods to contain synthetic ingredients and processing aids as long as they are normally expected in the food. (Motion at 10 (citing 58 Fed. Reg. at 2407).) In response, Plaintiffs assert: “Not only is this interpretation of FDA policy incorrect, but even if it were correct it would not apply here. Taking Plaintiffs’ allegations in their SAC as true ... it is indisputable [that] reasonable consumers do not expect fake vitamins and processing aids to be in foods labeled ‘All Natural’ and/or ‘containing nothing artificial.’ ” (Response at 13 (citing SAC ¶¶ 36-45).) The SAC contains the following well-pleaded allegations under the heading “Genetically Modified Ingredients Are Not ‘All Natural’ 36. Defendants label, market, and/or advertise the Products as “ALL NATURAL.” Defendants’ claim is misleading, however, because Defendants’ Products contain GMOs, ingredients that have been modified through biotechnology and are therefore not all natural. 37. GMOs are not expected to be in foods labeled “All Natural.” Recently, Americans have expressed a heightened concern about the safety of GMO Products, as evinced by the fact that legislation requiring labeling GMOs have been proposed in more than a dozen states since 2011. In addition, polls taken by the Pew Center, Consumers Union, Harris Interactive and ABC over the last decade that have consistently found that the vast majority of Americans would like to see genetically modified foods better regulated and labeled. 40.Furthermore, the FDA has loosely defined the term “natural” as a product that contains no synthetic or artificial ingredients. According to federal regulations, an ingredient is synthetic if it is: [a] substance that is formulated or manufactured by a chemical process or by a process that chemically changes a substance extracted from naturally occurring plant, animal, or mineral sources, except that such term shall not apply to substances created by naturally occurring biological processes.” 7 C.F.R. § 205.2. 41. Similarly, the USDA’s Food Safety and Inspection Service (“FSIS”) defines a “natural” product as a product that does not contain any artificial or synthetic ingredient and does not contain any ingredient that is more than “minimally processed,” defined as: (a) those traditional processes used to make food edible or to preserve it or to make it safe for human consumption, e.g., smoking, roasting, freezing, drying, and fermenting, or (b) those physical processes which do not fundamentally alter the raw product and/or which only separate a whole, intact food into component parts, e.g., grinding meat, separating eggs into albumen and yolk, and pressing fruits to produce juices. Relatively severe processes, e.g., solvent extraction, acid hydrolysis, and chemical bleaching would clearly be considered more than minimal processing.... USDA FSIS, Food Standards and Labeling Policy Book, available at www. fsis.usda.gov/OPPDE/larc/Policies/ Labeling—Policy—Book—082005.pdf31. 42. The Kashi companies have since embraced these federal explanations and posted the following definition of “natural” on its website: At Kashi, we define natural as: Natural Food is made without artificial ingredients, colors or preservatives and is minimally processed. A natural ingredient is one that is made from a renewable source found in nature. Minimal Processing involves only kitchen chemistry processes that can be done in a family kitchen and does not negatively impact the purity of the natural ingredients. 43.The scientific description of how GMOs are produced refutes any attempt to categorize them as ‘minimally processed,’ “all-natural” or substantially similar to something naturally occurring. Contemporary research on GMOs has made clear that genetic engineering is completely different from natural breeding and entails different risks because the genetic engineering and associated tissue culture processes are imprecise and highly mutagenic, leading to unpredictable changes in the DNA, proteins, and biochemical composition of the resulting GMO that can lead to unexpected toxic or allergenic effects and nutritional disturbances: [T]he process of inserting a genetically modified gene into the DNA of a plant cell is crude, uncontrolled, and imprecise, and causes mutations'—heritable changes—in the plant’s DNA blueprint. These mutations can alter the functioning of the natural genes of the plant in unpredictable and potentially harmful ways. Because of these diverse interactions, and because even the simplest organism is extremely complex, it is impossible to predict the impacts of even a single GM gene on the organism. It is even more impossible to predict the impact of the GMO on its environment—the complexity of living sys-terns is too great. In short, unintended, uncontrolled mutations occur during the GM process and complex interactions occur at multiple levels within the organism as a result of the insertion of even a single new gene. For these reasons, a seemingly simple genetic modification can give rise to many unexpected changes in the resulting crop and the foods produced from it. The unintended changes could include alterations in the nutritional content of the food, toxic and allergenic effects, poor crop performance, and generation of characteristics that harm the environment. 44. At a minimum a reasonable consumer would expect a company’s representation of ‘all-natural’ to conform to the company’s own published definition, as well as the federal regulation. However, the process of manufacturing a GMO is clearly beyond “minimal processing;” one would certainly not expect a consumer to bioengineer an ingredient in their kitchen. 45. Despite this, Defendants have falsely represented their Products are all natural even though. they contain GMOs, namely Corn, Soy, Corn variations, and/or Soy variations. Corn, Soy, Corn variations, and/or Soy variations, among other ingredients, are known to be derived from GMOs and serve as part of the main ingredients in the Products. However, Defendants’ Products contain no warning or disclaimer that the Products contain GMOs in its advertising for the Products (not related to the label). (SAC ¶¶ 36-45.) The Court must take all of these well-pleaded allegations as true and draw all reasonable inferences therefrom in the light most favorable to Plaintiffs. See Weissman v. Nat’l Ass’n of Secs. Dealers, Inc., 500 F.3d 1293, 1295 (11th Cir.2007). And, assuming without deciding that FDA policy permits synthetic ingredients to be labeled “natural” so long as they are “normally expected in food,” the Court agrees with Plaintiffs that the SAC sufficiently alleges that a reasonable consumer would not expect Pyridoxine Hydrochloride, Alpha-Tocopherol Acetate, Hexane-Processed Soy ingredients and Calcium Pantothenate in their “All Natural”—labeled food. Accordingly, the Court rejects Defendant’s argument that Plaintiffs’ claims regarding vitamins and hexane-processed soy are preempted. B. Whether Plaintiffs’ Claims are Subject to Dismissal Under the Primary Jurisdiction Doctrine. Defendants argue that even if Plaintiffs’ claims are not preempted, the Court should dismiss the SAC based on the “primary jurisdiction doctrine.” (Motion at 11.) Specifically, they argue that “the FDA should decide a product labeling issue because it has the requisite expertise and can ensure uniformity in labeling.” (Id. at 12.) Primary jurisdiction “is a doctrine specifically applicable to claims properly cognizable in court that contain some issue within the special competence of an administrative agency.” Reiter v. Cooper, 507 U.S. 258, 268, 113 S.Ct. 1213, 122 L.Ed.2d 604 (1993); see also United States v. W. Pac. R.R., 352 U.S. 59, 64, 77 S.Ct. 161, 1 L.Ed.2d 126 (1956) (stating same); Clark v. Time Warner Cable, 523 F.3d 1110, 1114 (9th Cir.2008) (stating that “the doctrine is a ‘prudential’ one, under which a court determines that an otherwise cognizable claim implicates technical and policy questions that should be addressed in the first instance by the agency with regulatory authority over the relevant industry, rather than the judicial branch”). “It requires the court to enable a ‘referral’ to the agency, staying further proceedings so as to give the parties reasonable opportunity to seek an administrative ruling.” Reiter, 507 U.S. at 268, 113 S.Ct. 1213. “Referral of the issue to the administrative agency does not deprive the court of jurisdiction; it has discretion either to retain jurisdiction or, if the parties would not be unfairly disadvantaged, to dismiss the case without prejudice.” Id. at 268-69, 113 S.Ct. 1213; see also Hansen v. Norfolk & W. Ry., 689 F.2d 707, 714 (7th Cir.1982) (stating that “[djismissal of the complaint may be appropriate when all of the relief that is sought in court can be obtained in an administrative forum or in an easily initiated suit subsequent to the administrative proceedings;” however, “[a] stay of the court action pending administrative determinations ... is in order when there is reason to believe that a party may be prejudiced by a dismissal” (citing Far E. Conference v. United States, 342 U.S. 570, 576-77, 72 S.Ct. 492, 96 L.Ed. 576 (1952); United States v. Mich. Nat’l Corp., 419 U.S. 1, 5, 95 S.Ct. 10, 42 L.Ed.2d 1 (1974))). “ ‘[T]he main justifications for the rule of primary jurisdiction are the expertise of the agency deferred to and the need for a uniform interpretation of a statute or regulation.’ ” Boyes v. Shell Oil Prods. Co., 199 F.3d 1260, 1265 (11th Cir.2000) (quoting Cnty. of Suffolk v. Long Island Lighting Co., 907 F.2d 1295, 1310 (2d Cir.1990)). “There are four factors uniformly present in cases where the doctrine properly is invoked: (1) the need to resolve an issue that (2) has been placed by Congress within the jurisdiction of an administrative body having regulatory authority (3) pursuant to a statute that subjects an industry or activity to a comprehensive regulatory scheme that (4) requires expertise or uniformity in administration.” United States v. Gen. Dynamics Corp., 828 F.2d 1356, 1362 (9th Cir.1987) (citing Ricci v. Chi. Mercantile Exch., 409 U.S. 289, 93 S.Ct. 573, 34 L.Ed.2d 525 (1973); W. Pac. R.R., 352 U.S. at 59, 77 S.Ct. 161; United States v. Pac. & Atl. Ry. & Navigation Co., 228 U.S. 87, 33 S.Ct. 443, 57 L.Ed. 742 (1913); United States v. Yellow Freight Sys., 762 F.2d 737 (9th Cir.1985)). However, the primary jurisdiction doctrine “is not designed to secure expert advice from agencies every time a court is presented with an issue conceivably within the agency’s ambit,” but instead “is to be used only if a claim requires resolution of an issue of first impression, or of a particularly complicated issue that Congress has committed to a regulatory agency.” Clark, 523 F.3d at 1114. Here, Defendant argues that all four factors support invoking the primary jurisdiction doctrine in this case. (Motion at 12.) First, the issues of “natural” labeling and GMO ingredients are within the FDA’s jurisdiction. Second, Congress specifically charged the FDA to “protect the public health by ensuring that— foods are ... properly labeled.” 21 U.S.C. § 393(b)(2)(A). The FDA has used this authority to promulgate a comprehensive regulatory scheme governing food misbranding. See, e.g., 21 C.F.R. §§ 101.1-101.18, 101.22, 101.30. Third, the FDA has implemented numerous policies and guidance documents governing the use and labeling of natural and bioengineered foods.... For example, the FDA has appointed a Biotechnology Evaluation Team that is responsible for evaluating the regulatory compliance of bioengineered foods. Fourth, deferring to the FDA would promote uniformity of laws and avoid a patchwork quilt of varying decisions. (Id.) Once again, Defendants’ argument misses the mark. Plaintiffs’ claims rest on the determination of whether Defendants’ “all natural” and “nothing artificial” representations on their products’ labeling are misleading and whether customers purchased Defendants’ products in reliance upon these representations. “ ‘[T]his is not a technical area in which the FDA has greater technical expertise than the courts—[as] every day courts decide whether conduct is misleading.’ ” Rikos v. Procter & Gamble Co., 782 F.Supp.2d 522, 530 (S.D.Ohio 2011) (declining to apply the primary jurisdiction doctrine where the plaintiffs claims rested on a determination of whether a company’s advertisements of a food supplement “are likely to deceive a reasonable consumer” under California’s consumer fraud statutes) (quoting Lockwood, 597 F.Supp.2d at 1035 (declining to apply the primary jurisdiction doctrine in false advertising case concerning definition and deceptive use of the term “natural”)) (citing Chacanaca v. Quaker Oats Co., 752 F.Supp.2d 1111, 1124 (N.D.Cal.2010) (stating that the plaintiffs advanced a “relatively straightforward claim: they assert that defendant has violated FDA regulations and marketed a product that could mislead a reasonable consumer,” which “is a question courts are well-equipped to handle”)); see also In re Horizon Organic Milk Plus DHA Omega-3 Mktg. and Sales Practice Litig., 955 F.Supp.2d 1311, 1348-1351 (S.D.Fla.2013) (declining to apply the primary jurisdiction doctrine in false advertising case involving representation on milk carton that ingredient in the milk promoted brain health). Nor has the FDA promulgated a comprehensive regulatory scheme regarding assertions of “all natural” or “nothing artificial” on food labeling. See Lockwood, 597 F.Supp.2d at 1035; see also In re Frito-Lay, 2013 WL 4647512, at *7. “[V]arious parties have repeatedly asked the FDA to adopt formal rulemaking to define the word natural and the FDA has declined to do so because it is not a priority and the FDA has limited resources.” Id. Courts have further noted that “[although the FDA has addressed the use of the term ‘natural’ in depicting food and beverage products, its policy with respect to the use of the term ‘natural’ is unrestrictive. The FDA follows a policy of not taking enforcement action charging that a product labeled as ‘natural’ is misbranded, as long as the product has no ‘added color, synthetic substances, and flavors.’ ” Wright v. Gen. Mills, Inc., Civil No. 08cv1532L(NLS), 2009 WL 3247148, at *3 (S.D.Cal. Sept. 30, 2009) (quoting 58 Fed.Reg. 2407). “Based on the FDA’s consistent determination that the term ‘natural’ does not need specific definition, state law claims based upon the use of the term ‘natural’ is not an issue of first impression, does not require technical expertise within the special competence of the FDA, and is not a particularly complicated issue outside the ability of the Court to consider and decide.” Id. In sum, “ ‘[tjhis case is far less about science than it is about whether a label is misleading,’ and the reasonable-consumer inquiry upon which some of the claims in this case depends is one to which courts are eminently well suited, even well versed.’ ” In re Frito-Lay, 2013 WL 4647512, at *8. Accordingly, the Court denies Defendants’ motion to dismiss pursuant to the primary jurisdiction doctrine. See id.; see also Krzykwa v. Campbell Soup Co., 946 F.Supp.2d 1370, 1375 (S.D.Fla.2013) (declining to dismiss under primary jurisdiction doctrine where plaintiffs alleged that defendant’s use of GMOs in their “all natural” products misled consumers); Janney v. Mills, 944 F. Supp 2d 806, 811-815 (N.D.Cal.2013) (declining to dismiss under the primary jurisdiction doctrine where plaintiffs alleged that foods containing high fructose corn syrup were not “all natural” and providing a detailed analysis of the FDA’s position on “natural” food labeling”); Jones v. ConAgra Foods, Inc., 912 F.Supp.2d 889, 898-99 (N.D.Cal. 2012) (“100% Natural”); Briseno v. ConAgra Foods, Inc., Case No. CV 11-05379 MMM (AGRx), 2011 U.S. Dist. LEXIS 154750, at *28-29 (C.D.Cal. Nov. 23, 2011) (same). C. Whether Plaintiffs’ Claims Fail to Provide Particularized Facts Sufficient to Meet the Iqbal Plausibility Standard. Next, Defendants assert that Plaintiffs have failed to allege sufficient factual content to show that it is more than “conceivable” that Defendants’ products actually contain bioengineered or artificial ingredients. (Motion at 13 (citing Ashcroft v. Iqbal, 556 U.S. 662, 683, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009)).) They argue that Plaintiffs “fail to provide a single factual allegation that [Defendants’] products ... actually contain such ingredients,” and that although Kashi has “publicly stated that it is possible that some of its products may contain GMO ingredients due to commingling of ingredients in storage and shipment, it has never stated that its products actually contain GMOs....” (Id.) Plaintiffs respond by arguing that they have alleged the “who, what, when, where and why” of each allegation, and have satisfied the Rule 8 and, to the extent a claim sounds in fraud, Rule 9(b) pleading standards. (Response at 18-19.) Under Federal Rule of Civil Procedure 8(a)(2), a pleading must contain a “short and plain statement of the claim showing that the pleader is entitled to relief.” This pleading standard does not require “detailed factual allegations,” but it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation. Iqbal, 556 U.S. at 678, 129 S.Ct. 1937 (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). “To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ ” Id. (quoting Twombly, 550 U.S. at 570, 127 S.Ct. 1955). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. Under Rule 9, a party alleging fraud or mistake “must state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge, and other conditions of a person’s mind may be alleged generally.” The particularity requirement of Rule 9(b) is satisfied if the complaint alleges “facts as to time, place, and substance of the defendant’s alleged fraud, specifically the details of the defendants’ allegedly fraudulent acts, when they occurred, and who engaged in them.” Hopper v. Solvay Pharm., Inc., 588 F.3d 1318, 1324 (11th Cir.2009) (citation and internal quotation marks omitted); see also Ziemba v. Cascade Int'l Inc., 256 F.3d 1194, 1202 (11th Cir.2001) (noting the pleading standards are satisfied if’ alleging precisely what statements were made in what documents, when, where and by whom, the content, the manner in which they misled the plaintiff, and what the defendants obtained as a consequence of the fraud). Plaintiffs have sufficiently pled their claims. The SAC alleges (1) which Plaintiffs purchased (2) which specific food items that were manufactured, marketed, advertised, distributed, and sold by Defendants, (3) where the Plaintiffs purchased them and (4) when. For example, Paragraph 21 provides: Plaintiff Garcia has purchased Go Lean Crunch®, and the snack bars Ka-shi Go Lean® Crunchy! All Natural Protein and Fiber Bars (chocolate peanut butter), and Kashi Go Lean® Roll! All Natural Protein and Fiber Bars (chocolate peanut butter) during the Class period, from a Publix Supermarket located at 2270 SW 27th Avenue, Miami, Florida 33145 as well as the Whole Foods located at 10th and Alton in Miami Beach, Florida, 33139. (See also ¶¶ 22-23.) It further alleges that Plaintiffs were induced to buy the products by their “All Natural” labeling, which they “interpreted to mean that the Products do not contain any GMOs and/or artificial and synthetic ingredients.” (Id. ¶ 27.) “If Plaintiffs had known the Products contained GMOs and/or other synthetic and artificial ingredients and thus were not all-natural, they would not have purchased them.” (Id. ¶24.) Thus, they allege the labeling is “deceptive and misleading.” (Id. ¶ 26.) The SAC further provides an extensive list of Defendants’ products that are labeled as “All Natural” (SAC 1133) and a separate list of the products that are labeled as “Nothing Artificial” (id. ¶ 34). Under each product, the SAC lists the “GMO Ingredients” and the “Artificial/Synthetic Ingredients” that each product allegedly contains. To take just two examples (of the 81 provided in the SAC), Paragraph 38(a) alleges that Kashi® 7 Grain Waffles are labeled as “All Natural” but contain: i. GMO Ingredients: Soy Lecithin, Ex-peller Pressed Canola Oil, Yellow Corn Meal; ii. Artificial/ Synthetic Ingredients: Hexene-Processed Soy Paragraph 34(a) alleges that Kashi® Heart to Heart® Honey Oat Waffles are labeled as “Nothing Artificial” but contain: i. GMO Ingredients: Degerminated Yellow Corn Meal, Yellow Corn Flour, Expeller Pressed Canola Oil; ii. Artificial/ Synthetic Ingredients: Hexene-Processed Soy Ingredients, Pyridoxine Hydrochloride, Alpha Tocopherol Acetate The SAC does not allege that these products may contain these genetically-modified and synthetic ingredients, it alleges that they do contain them. (See id. ¶¶ 33-34.) The SAC further alleges that the labeling on Defendants’ products would, and did, mislead a reasonable consumer. (See, e.g., id. ¶¶44, 82, 92.) Finally, the SAC alleges that Defendants charged an artificially high price for these products to encourage the perception that its Products “were superior to other, comparable products because the Kashi Products were ‘all natural’ whereas the others were not.” (Id. ¶ 30.) “Plaintiffs paid this price premium for the Products because they believed the Products were GMO-free and did not contain artificial and synthetic ingredients (in other words, they believed they are ‘All Natural’ and contained ‘Nothing Artificial’).” To conceive how the SAC could possibly be pled with any more particularity strains the imagination. The Court therefore concludes that the SAC pleads sufficient factual content to allow “the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal, 556 U.S. at 663, 129 S.Ct. 1937. The Court further finds that the SAC alleges precisely what statements were made in what documents, when, where and by whom, the content, the manner in which they misled the plaintiff, and what the defendants obtained as a consequence of the fraud. See Ziemba, 256 F.3d at 1202. Accordingly, the SAC is sufficiently pled under Rules 8 and 9(b) of the Federal Rules of Civil Procedure. See In re ConAgra Foods Inc., 908 F.Supp.2d 1090, 1099-1101 (C.D.Cal.2012). D. Whether the Individual Causes of Action State Claims 1. The FDUTPA, UCL, FAL, and CLRA claims (Claims I, VII, VIII, IX, and X) Next, Defendants allege that Plaintiffs’ claims under Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA), California’s Unfair Competition Law (UCL), California’s False Advertising Law (FAL), and California’s Consumers Legal Remedies Act (CLRA) must be dismissed because Plaintiffs fail to articulate why a reasonable consumer would be misled. (Motion at 14.) Plaintiff contends that Defendants’ arguments are premature at the motion to dismiss stage where the pleadings control. (Response at 19 (citing Wright v. Emory, 41 So.3d 290, 292-93 (Fla.Dist.Ct.App.2010) (“Whether [Defendants’] representations constitute ‘deceptive and unfair’ conduct is an issue of fact to be resolved by the judge at the conclusion of the trial.”)).) “‘A consumer claim for damages under FDUTPA has three elements: (1) a deceptive act or unfair practice; (2) causation; and (3) actual damages.’ ” City First Mortg. Corp. v. Barton, 988 So.2d 82, 86 (Fla.Dist.Ct.App.2008) (quoting Rollins, Inc. v. Butland, 951 So.2d 860, 869 (Fla. Dist.Ct.App.2006)); see also Maguire v. S. Homes of Palm Beach, 591 F.Supp.2d 1263, 1271 (S.D.Fla.2008). “[Deception occurs if there is a representation, omission, or practice that is likely to mislead the consumer acting reasonably in the circumstances, to the consumer’s detriment.” PNR, Inc. v. Beacon Prop. Mgmt., Inc., 842 So.2d 773, 777 (Fla.2003) (citations and internal quotation marks omitted); see also Zlotnick v. Premier Sales Grp., Inc., 480 F.3d 1281, 1284 (11th Cir.2007). “This standard requires a showing of ‘probable, not .possible, deception’ that is ‘likely to cause injury to a reasonable relying consumer.’ ” Zlotnick, 480 F.3d at 1284 (quoting Millennium Commc’ns & Fulfillment, Inc. v. Office of the Att’y Gen., 761 So.2d 1256, 1263 (Fla.Dist.Ct.App.2000)). Similarly, the UCL prohibits any “unlawful, unfair or fraudulent business act or practice.” Cal. Bus. & Prof.Code § 17200. The FAL prohibits any “unfair, deceptive, untrue, or misleading advertising.” Cal. Bus. & Prof.Code § 17500. The CLRA prohibits “unfair methods of competition and unfair or deceptive acts or practices.” Cal. Civ.Code § 1770. The claims under these California statutes are governed by the “reasonable consumer” test. Williams v. Gerber Prods. Co., 552 F.3d 934, 938 (9th Cir.2008) (citations omitted). “Under the reasonable consumer standard, [Plaintiffs] must show that members of the public are likely to be deceived.” Id. (citations and internal quotation marks omitted). Defendants first argue that Plaintiffs have not shown how Defendants have violated the FDA’s policy, which permits foods to be labeled “natural” when “nothing artificial or synthetic (including all col- or additives regardless of source) has been included in, or has been added to, a food that would not normally be expected in the food.” (Motion at 18 (citing 58 Fed.Reg. 2407 (Jan. 6,1993)).) In fact, they contend that reasonable consumers “would expect and want vitamins and low-fat soybeans in their food.” (Id.) However, the SAC alleges that reasonable consumers do not expect that foods labeled “all natural” will contain synthetic and/or artificial ingredients. (SAC ¶¶ 27, 30, 40, 44.) “At the motion to dismiss stage, all well-pleaded facts are accepted as true, and the reasonable inferences therefrom are construed in the light most favorable to the plaintiff.” Garfield v. NDC Health Corp., 466 F.3d 1255, 1261 (11th Cir.2006) (citation and internal quotation marks omitted). Thus, the Court rejects Defendants’ claim that reasonable consumers would expect and want synthetic and/or artificial ingredients in food labeled “all natural.” Second, Defendants argue that notwithstanding their compliance with the FDA policy, Plaintiffs “claims fail because they have not offered a plausible definition of ‘natural’ for packaged foods that by definition undergo some processing and human intervention to be created.” (Id.) They cite Pelayo v. Nestle USA where the complaint alleged that the “All Natural” labeling of pasta was misleading because the products contained unnatural, artificial, or synthetic ingredients. 989 F.Supp.2d 973, 975-76 (C.D.Cal.2013). The Court relied on a report by the Federal Trade Commission in which it purportedly “declined to adopt a definition of ‘natural’ because ‘natural may be used in numerous contexts and may convey different meanings depending on that context.’ ” Id. at 979. The Court dismissed the Complaint because the plaintiff “failed to allege either a plausible objective definition of the term ‘All Natural’ or her subjective definition of the term ‘All Natural’ that is shared by the reasonable consumer.” Id. at 979-80. To begin with, no subsequent case has adopted Pelayo’s position, and two cases have affirmatively rejected it. See Surzyn v. Diamond, Foods, Inc., Case No.: C 14-0136 SBA, 2014 WL 2212216, at *3-4 (N.D.Cal. May 28, 2014); Jou v. Kimberly-Clark Corp., Case No.: C-13-03075 JSC, 2013 WL 6491158, at *8 (N.D.Cal. Dec. 10, 2013). As explained by the Court in Surzyn: The Pelayo court’s reliance on the FTC’s report as a basis to dismiss the action is misplaced. Though not discussed in the court’s ruling, the FTC’s report relates to the FTC’s Guides for the Use of Environmental Marketing Claims (“Guides”), the purpose of which is to “help marketers make truthful and substantiated environmental claims[J” 75 Fed.Reg. 63552-01, § I (2010).... With regard to the meaning of “natural,” the FTC chose not to create a specific section in the Guides to define that term. Id. § IV.B.4. The FTC explained that “definitions for terms such as natural must be based on what consumers understand those terms to mean,” but that “no commenters provided consumer perception evidence indicating how consumers understand the term ‘natural.’” Id. § IV.