SEARCH

Vaglica v. Reckitt Benckiser LLC

Suit Claiming 'Lysol' Sanitizer Mislabeled Is Dismissed; Warranty, MMWA Breach Claims Fail

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM & ORDER Plaintiff Nicholas Vaglica brings various claims against Defendant Reckitt Benckiser LLC (“Reckitt”) concerning the allegedly misleading labeling of Defendant’s laundry product. He seeks relief on behalf of himself and a proposed class of similarly situated purchasers of the product, asserting claims for (i) violation of various state consumer protection statutes; (ii) deceptive business practices under N.Y. G.B.L. §349; (iii) deceptive advertising under N.Y. G.B.L. §350; (iv) breaches of warranty; (v) fraud; and (vi) unjust enrichment. Defendant has moved to dismiss Plaintiff’s Amended Complaint (Am. Compl. (Dkt. 10)) in its entirety for failure to state a claim pursuant to Federal Rule of Civil Procedure (“FRCP”) 12(b)(6). (See Not. of Mot. (Dkt. 12); Def’s. Mot. To Dismiss (“Def’s. Mot.”) (Dkt. 12-1).) For the following reasons, the Defendant’s motion is GRANTED. I. BACKGROUND¹ Defendant Reckitt is a Delaware LLC with its principal place of business in New Jersey. (Am. Compl.

30, 35.) Reckitt manufacturers, markets, and sells Lysol brand laundry sanitizer (the “Product”). (Id. 1.) The Product includes a label on the front that reads: “Kills 99.9 percent of bacteria.” (Id.) On the back of the Product, there are several labels written in fine print, including: “Works in Cold Water” and “When you wash your clothes in cold water, bacteria can survive.” (Id. 5.) Plaintiff is a citizen of New York who has purchased the Product as recently as July 2022. (Id.

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

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

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

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

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

Consulting Best Firms to Work For 2024

September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.

Learn More

ATTORNEY - NJ and NY

Wisniewski & Associates, LLC seeks attorney licensed in NJ and NY with 2-5 years experience for its multi-state real estate, land use, ...

Apply Now ›

Labor Relations Counsel

Labor Relations CounselUS-GA-AtlantaJob ID: 2024-0042Type: 4 (Exempt, Bargaining Unit 1 (EB)# of Openings: 1Category: Contract Administratio...

Apply Now ›

Assistant Federal Public Defenders (2 jobs)

ASSISTANT FEDERAL PUBLIC DEFENDERS Two posi...

Apply Now ›

Lawyers of Distinction

06/27/2024
The American Lawyer

Professional Announcement

View Announcement ›