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Vaglica v. Reckitt Benckiser LLC

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

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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.

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