23. On August 12, 2013, Plaintiff purchased four (4) cups of Yogurt from the  grocery store chain, Albertsons, at a cost of $1.39 per cup.   24. On August 16, 2013, Plaintiff purchased four (4) cups of Yogurt from the  grocery store chain, Albertsons, Albertsons, at a cost of $1.39 per cup.    25. On August 19, 2013, Plaintiff purchased five (5) cups of Yogurt from the  grocery store chain, Albertsons, Albertsons, at a cost of $1.39 per cup.    26. On August 26, 2013 Plaintiff purchased two (2) cups of Yogurt from the  grocery store chain, Albertsons, Albertsons, at a cost of $1.39 per cup.    27. On September 4, 2013 Plaintiff purchased six (6) cups of Yogurt from the  grocery store chain, Albertsons, Albertsons, at a cost of $1.00 per cup.    28. Plaintiff purchased all of the subject Yogurt from the grocery store chain  Albertsons located at 1800 W. Whittier Boulevard, La Habra, California  90631.   35. Plaintiff brings this action on behalf of himself and on behalf of all others  similarly situated (the “Class”).   36.  Plaintiff represents and is a member of the Class, defined as:  All persons within the United States who purchased  Chobani  Greek  Yogurt  from  Defendant  with  manufacturing code “16-012” and a “Best By” date  between September 11, 2013 and October 7, 2013, since  one year prior to the filing of this Complaint.    37. Plaintiff also brings this action on behalf of himself and on behalf of  California sub-class (“”Sub-Class”).   49. Plaintiff hereby re-alleges and incorporates the above allegations by  reference as if set fully herein.   50. Plaintiff brings this cause of action on behalf of himself and on behalf of the  Class. Plaintiff and the Class members have suffered injury in fact and lost  money or property as a result of the actions (and inactions) of Defendant.   51. California Civil Code section 1791.1(a) states in pertinent part, “Implied  warranty of merchantability” or “implied warranty that goods are  merchantable” means that the consumer goods meet each of the following:  (1) Pass without objection in the trade under the contract description.  (2)  Are fit for the ordinary purposes for which such goods are used.  (3) Are  adequately contained, packaged, and labeled.  (4) Conform to the promises  or affirmations of fact made on the container or label.     70. Plaintiff hereby re-alleges and incorporates the above allegations by  reference as if set fully herein.   71. Plaintiff brings this cause of action on behalf of himself and on behalf of the  Sub-Class. Plaintiff and the Sub-Class members have suffered injury in fact  and lost money or property as a result of such negligence.   BREACH OF THE IMPLIED WARRANTY OF MERCHANTABILITY FOR FOOD    NEGLIGENCE   