OPINION AND ORDER Plaintiffs Michael Zachmann and Ariel Ulberg bring this putative class action claiming that portable coolers manufactured by defendant The Coleman Company Inc. do not retain ice for five days, as promised. Now pending is defendant’s motion to dismiss the amended complaint pursuant to Rules 12(b)(1) and 12(b)(6). (Doc. #16). For the reasons set forth below, the motion is GRANTED. The Court has subject-matter jurisdiction pursuant to 28 U.S.C. §§1331 and 1332(d)(2). BACKGROUND For the purpose of ruling on the motion to dismiss, the Court accepts as true all well-pleaded factual allegations in the amended complaint and draws all reasonable inferences in plaintiffs’ favor, as summarized below. Defendant “manufactures, markets, distributes, and labels” a variety of portable coolers (Doc. #15 (“Am. Compl.”) 1), which are sold online and in stores. The portable coolers are labeled with variations on the statements “KEEPS THE ICE” and “5 DAYS.” (Id.
4-5). For example, one of defendant’s sixty-two-quart wheeled coolers includes the label “5 DAYS” directly above the label “KEEPS THE ICE” (id. 4); and one of defendant’s fifty-quart coolers includes the label “KEEPS THE ICE! 5 DAYS” with the statement “ICE STORAGE AT 90° F” in smaller and lighter-colored type to its left. (Id. 5).1 Plaintiffs understand these labels to be promising that when defendant’s coolers are filled with ice, the ice will not melt for five days. Plaintiffs also allege defendant’s coolers include the following warranty: Your product must be under warranty in order to obtain warranty service. Coleman® products have a limited warranty from the date of original retail purchase that the product will be free from defects in material and workmanship. The length of the limited warranty may vary by product. The warranty is valid for the original retail purchaser from the date of initial retail purchase and is not transferable. (Am. Compl. 82). Plaintiff Michael Zachmann is a citizen of Pawling, New York. He purchased one of defendant’s coolers at a Walmart store in New Milford, Connecticut, “no earlier than October 28, 2018.” (Am. Compl. 58). Plaintiff Ariel Ulberg is a citizen of Sayville, New York. She purchased one of defendant’s coolers at a Home Depot store in Central Islip, New York, “no earlier than September 29, 2018.” (Am. Compl. 59). Plaintiffs allege they purchased defendant’s coolers “in reliance on the representations that they would retain ice for five days” (Am. Compl. 61), but that when plaintiffs used the coolers for various family events, the coolers did not perform as promised. Plaintiffs further allege the coolers are sold at a premium price because of the “keeps the ice” labelling, and that they either would not have paid this premium or would not have purchased the coolers at all, had they known the labelling was inaccurate. (Id.
