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Pichardo v. Only What You Need Inc.

Drink's Label Not Misleading; Consumers Associate Vanilla With Flavor, Not Ingredient

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MEMORANDUM OPINION AND ORDER   Plaintiffs Tania Pichardo and Jennifer Jones bring this putative class action against Only What You Need, Inc. (OWYN). Plaintiffs allege that the labeling on Defendant’s vanilla flavored protein drink violates New York General Business Law §§349-50 (GBL §§349-50) because the vanilla flavor is not derived exclusively from the vanilla plant.1 Defendant moved to dismiss the First Amended Complaint (FAC) under Rule 12(b)(6), arguing that Plaintiffs have not adequately pled material misrepresentation or injury. For the following reasons, OWYN’s motion to dismiss is GRANTED. BACKGROUND Defendant manufactures, distributes, markets, labels, and sells a non-dairy, vanilla flavored protein beverage. FAC (Dkt. 22) 1. The label on Defendant’s product has a vanilla flower vignette and the words “Smooth Vanilla.” Id. 3. Plaintiff Pichardo purchased Defendant’s beverage in the winter of 2018, and Plaintiff Jones purchased it on “numerous occasions between January 2018 and the middle of 2020.” Id.

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