OPINION & ORDER Before the Court is Defendant’s motion to dismiss Plaintiff’s Amended Complaint. (ECF No. 20.) For the following reasons, the motion is GRANTED. I. BACKGROUND For purposes of this motion, the Court accepts as true the facts, but not the conclusions, alleged by Plaintiff in the Amended Complaint. (ECF No. 19 (“AC”).) A. Facts Defendant Mars Wrigley Confectionery US, LLC, manufactures, markets, labels, and sells chocolate-coated ice cream bars called Dove Bars (“the Product”). (AC 1.) Plaintiff Steven Beers purchased the Product multiple times, including at a 7-Eleven convenience store in Jefferson Valley, New York during the summer of 2020. (Id. 78.) The Product sells for approximately $6.49 for a three-pack, excluding tax. (Id. 66.) The front label of the Product reads “Silky Smooth Dove Bar®, Vanilla Ice Cream with Milk Chocolate” and includes a picture of chunks of chocolate. (Id. 2.) A picture of the Product’s front label, which was included in the Amended Complaint, is below. (Id.) The back label of the Product likewise says “Silky Smooth Dove Bar®” and has a picture of chunks of chocolate, and also includes the text: “Take a moment…to enjoy the rich flavor of vanilla ice cream dipped in silky smooth DOVE® Milk Chocolate.” (Id. 3.)1 A picture of the relevant portion of the back label, which was included in the Amended Complaint, is below. (Id.) The product labeling also includes an ingredient list, which separately lists the ingredients in the ice cream and the coating of the Product. (Id. 53.) The listed ingredients for the coating are: “MILK CHOCOLATE (SUGAR, COCOA BUTTER, SKIM MILK, CHOCOLATE, LACTOSE, MILKFAT, SOY LECITHIN, ARTIFICIAL FLAVOR), SEMISWEET CHOCOLATE (SUGAR, CHOCLATE, CHOCOLATE PROCESSED WITH ALKALI, COCOA BUTTER, MILKFAT, SOY LECITHIN, NATURAL AND ARTIFICIAL FLAVORS), COCONUT OIL, PALM OIL.” (Id.) Plaintiff contends that the Product’s front label is misleading because it refers to “silky smooth milk chocolate” without revealing that the “the chocolate contains ingredients” — coconut oil and palm oil — “not found in real chocolate.” (Id. 53; see id.
54, 79.) He alleges that having seen that front label, he was deceived into believing that the Product contained only milk chocolate made from cacao beans and did not contain any “ingredients inconsistent with chocolate” such as vegetable oils. (Id.
