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Lurenz v. The Coca-Cola Co.

Juice Drink Mislabeling Action Dismissed; Article III Standing Lacking, No Injury-in-Fact

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OPINION & ORDER Plaintiff Joseph Lurenz (“Plaintiff”) brings this action, on behalf of himself and all others similarly situated, against Defendants the Coca-Cola Company and the Simply Orange Juice Company (collectively, “Defendants”), for (1) violation of the Magnuson-Moss Warranty Act, 15 U.S.C. §2301 et seq.; (2) violation of New York’s Deceptive Trade Practices Act, N.Y. Gen. Bus. Law §349; (3) violation of New York’s Deceptive Trade Practices Act, GBL §350; (4) breach of express warranty; (5) violation of N.Y. Agric. & Mkts. Law §199-a; (6) negligence per se; and (7) unjust enrichment. (See Amended Complaint “Am. Compl.,” ECF No. 25.) Defendants move to dismiss Plaintiff’s Amended Complaint under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). (the “Motion”, ECF No. 31.) For the following reasons, Defendants’ Motion is GRANTED. BACKGROUND I. Factual Background The following facts are taken from the Amended Complaint and assumed to be true for the purposes of Defendants’ Motion. Plaintiff alleges that Defendants formulate, manufacture, market, and sell the Simply® Tropical juice drink (the “Product”). (Am. Compl.

1, 4.) Plaintiff contends that the Product is falsely labeled as an “All Natural” juice drink that is “made simply” with “all-natural ingredients,” when, in fact, the Product contains “multiple” substances among the thousands of chemical compounds commonly referred to collectively as “PFAS,” including Perfluorooctanoic acid and Perfluorooctanesulfonic acid. (Id.

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