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.
