13.  Many federal and state consumer protection and labeling laws prohibit  deceptive packaging and labeling of products and commodities.  In California, the Fair  Packaging and Labeling Act (“CFPLA”) “is designed to protect purchasers of any  commodity within its provisions against deception or misrepresentation. Packages and  their labels should enable consumers to obtain accurate information as to the quantity of  the contents and should facilitate value comparisons.”  (California Business &  Professions Code § 12601.)     29.  Plaintiff brings this action as a class action pursuant to Rule 23 of the Federal  Rules of Civil Procedure on behalf of himself and the following class (collectively, the  “Class” or “Classes”), defined as:   All California residents who made retail purchases of Nature’s Path Organic  cereal products in with non-functional slack-fill, as defined by California  Business & Professions Code § 12606.2, during the applicable limitations  period up to and including final judgment in this action.   30.  The proposed Class excludes current and former officers and directors of  Defendant, Members of the immediate families of the officers and directors of Defendant,  Defendant’s legal representatives, heirs, successors, assigns, and any entity in which it  has or has had a controlling interest, and the judicial officer to whom this lawsuit is  assigned.    31.  Plaintiff reserves the right to revise the Class definition based on facts  learned in the course of litigating this matter.   32.  The Nature’s Path Organic cereal products sold by Defendant suffer from  virtually the same misleading product bottling, labeling and nonfunctional slack-fill.   43.  Plaintiff realleges and incorporates herein by reference the allegations  contained in all preceding paragraphs, and further alleges as follows:   44.  Plaintiff brings this claim individually and on behalf of the Class for  Defendant’s violations of California’s Consumer Legal Remedies Act (“CLRA”), Cal.  Civ. Code §§ 1750, et seq.    45.  Plaintiff and the Class Members are consumers who purchased the Nature’s  Path Organic cereal products for personal, family or household purposes. Plaintiff and  the Class Members are “consumers” as that term is defined by the CLRA in Cal. Civ.  Code § 1761(d). Plaintiff and the Class Members are not sophisticated experts with  independent knowledge of corporate branding, labeling and packaging practices.   46.  The Nature’s Path Organic cereal products that Plaintiff and other Class  Members purchased from Defendant were “goods” within the meaning of Cal. Civ. Code  § 1761(a).    56.  Plaintiff realleges and incorporates herein by reference the allegations  contained in all preceding paragraphs, and further alleges as follows:   57.  Plaintiff brings this claim individually and on behalf of the Class for  Defendant’s violations of California’s Unfair Competition Law (“CLRA”), Cal. Bus. &  Prof. Code §§ 17200, et seq.   58.  The UCL provides, in pertinent part: “Unfair competition shall mean and  include unlawful, unfair or fraudulent business practices and unfair, deceptive, untrue or  misleading advertising…”   California Law Prohibits Non-functional Slack-Fill   VIOLATION OF CALIFORNIA’S UNFAIR COMPETITION LAW,  Cal. Bus. & Prof. Code §§ 17200, et seq.   VIOLATION OF CALIFORNIA’S CONSUMER LEGAL REMEDIES ACT,  Cal. Civ. Code §§ 1750, et seq.  