Oldrey v. Nestle Waters N. Am. Inc.

OPINION & ORDER Plaintiff Brandy Oldrey (“Plaintiff”) brings this putative class action against Nestlé Waters North America, Inc.¹ (“Defendant”), alleging violation of New York’s General Business Law §§349 and 350, breach of express warranty, breach of the implied warranty of merchantability, violation of the Magnuson Moss Warranty Act, 15 U.S.C. §§2301, et seq., negligent misrepresentation, fraud, and unjust enrichment. (ECF No. 1.) Presently before the Court is Defendant’s motion to dismiss the Complaint. (ECF No. 16.) For the following reasons, the motion is GRANTED. BACKGROUND The following facts are taken from Plaintiff’s Complaint (ECF No. 1) and are accepted as true and construed in the light most favorable to Plaintiff for purposes of this motion. Defendant is a multinational bottler of water products, and it manufactures, markets, and sells a raspberry and lime-flavored sparkling water under its Poland Springs brand (the “Product”). (Compl.

1; 64.) Defendant markets the Product as a way to “ditch the sugary sodas.” (Id. 3.) The Product has a label that states, “With a Twist of Raspberry Lime” and “Taste the Real” with pictures of raspberries and limes. (Id.