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Jones v. Orgain LLC

Shake's Label Not Misleading, Deceptive Even Though Artificial Flavor Not Disclosed

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OPINION AND ORDER Plaintiff Tracey Jones brings this putative class action against defendant Orgain, LLC, alleging claims for violation of Sections 349 and 350 of New York’s General Business Law (“GBL”), negligent misrepresentation, breach of express warranty, breach of implied warranty of merchantability, violation of the Magnuson Moss Warranty Act (“MMWA”), 15 U.S.C. §2301, fraud, and unjust enrichment. Now pending is defendant’s motion to dismiss the first amended complaint (“FAC”) pursuant to Rule 12(b)(6). (Doc. #19). For the following reasons, the motion to dismiss is GRANTED. The Court has subject matter jurisdiction pursuant to 28 U.S.C. §1332(d). BACKGROUND For the purpose of ruling on the motion to dismiss, the Court accepts as true all well pleaded factual allegations in the FAC and draws all reasonable inferences in plaintiff’s favor, as summarized below. Plaintiff alleges defendant “manufactures, distributes, markets, labels and sells milk protein shakes,” including a “Clean Protein, Grass Fed Protein Shake, Vanilla Bean Flavor” (the “product”). (Doc. #18 (“FAC”) 1). Images of the front and back of the product appear as follows: (FAC

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