Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Turk v. Rubbermaid Inc.

Dismissal of Class Suit Over Coolers Allegedly Deceptive Labels Is Explained

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION & ORDER Lori Marie Turk (“Turk”) and Luann Rutherford (“Rutherford”; together, “Plaintiffs”) bring this putative class action against Rubbermaid Incorporated (“Defendant”), alleging that the labeling on Defendant’s 102-Quart Marine Chest Cooler and 45-Quart DuraChill Cooler is deceptive and misleading. Plaintiffs assert claims for damages against Defendant for (1) violations of §§349 and 350 of the New York General Business Law (“GBL”), N.Y. G.B.L. §§349, 350; (2) violation of the Magnuson Moss Warranty Act (“MMWA”), 15 U.S.C. §§201, et seq.; (3) common law breach of express warranty; (4) common law breach of the implied warranty of merchantability; (5) common law negligent misrepresentation; (6) common law fraud; and (7) unjust enrichment. (See generally First Am. Compl. (“FAC”) (Dkt. No. 18).) Plaintiffs also seek injunctive relief to correct the alleged misrepresentations. (See id. at 11.) Before the Court is Defendant’s Motion To Dismiss the First Amended Complaint (the “Motion”). (See Not. of Mot. (Dkt. No. 25).) For the foregoing reasons, the Motion is granted. I. Background A. Factual Background The following facts are drawn from the First Amended Complaint (“FAC”) and assumed to be true for the purposes of resolving the instant Motion. See Div. 1181 Amalgamated Transit Union-N.Y. Emps. Pension Fund v. N.Y.C. Dep’t of Educ., 9 F.4th 91, 94 (2d Cir. 2021) (per curiam). Defendant is a company that markets and manufactures household and outdoor products, including coolers and thermoses. (See FAC

1, 40.) Defendant’s coolers include portable ice coolers, which purport to retain ice for defined period of times. (See id. 1.) This Action involves two such portable ice coolers: the 102-Quart Marine Chest Cooler (“Marine Cooler”) and 45-Quart DuraChill Cooler (“DuraChill Cooler”; together, the “Products”). (See id. 2.) Defendant represents on the labels of both Products that the Products “keep” or retain ice for five days, which means that ice will remain intact in the Products for five days. (See id.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Legal Expert in Commercial & Real Estate Litigation / Property Dispute Specialist - New York

Be the game-changer at a pioneering Queens/Brooklyn law collective, making strides in Commercial and Real Estate Disputes. Immerse yourself ...


Apply Now ›
Entry Level Attorney - White Plains - New York

White Plains Insurance Defense Firm of 60+ years is looking for an entry level or pending admission to NYS Bar attorney.The Firm focus is on...


Apply Now ›
Multiple Offices (Los Angeles, CA; New York, NY) Corporate/Music Associate

Description: Fox Rothschild LLP has an opening in multiple offices in our Entertainment and Sports Law Department for an Associate with Corp...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements