MEMORANDUM DECISION AND ORDER The plaintiffs bring this putative class action against Lindt & Sprüngli (USA), Inc. (“Lindt”), alleging that Lindt deceptively marketed their dark chocolate bars as “expertly crafted with the finest ingredients” and “safe, as well as delightful,” when the bars in fact contained significant amounts of lead. The plaintiffs — who come from Alabama, California, Florida, Illinois, Nevada and New York — allege violations of their states’ consumer protection laws. Before the Court is Lindt’s motion to dismiss the complaint under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). For the reasons explained below, the motion is denied. BACKGROUND The following facts are drawn from the allegations in the complaint, which the Court “accept[s] as true” on a motion to dismiss. Dane v. UnitedHealthcare Ins. Co., 974 F.3d 183, 188 (2d Cir. 2020) (citation omitted).1 The defendant Lindt manufactures, markets, and sells the “Lindt Excellence Dark Chocolate 70 percent Cocoa bar” and the “Lindt Excellence Dark Chocolate 85 percent Cocoa bar.” (ECF No. 20
56-57.) (Id. 11.) The packaging and marketing for the chocolate bars include the following representations: The bars are “[e]xpertly crafted with the finest ingredients;” “[T]op quality is particularly important in the meticulous selection of [Lindt's] raw materials;” “[P]remium chocolate products are safe, as well as delightful;” “[Lindt's] standards uphold the integrity of [its] raw and packaging materials and ingredients, as well as warehousing, transportation, and manufacturing processes. They help [Lindt] manage key quality and food safety risks across [its] value chain, from farmer to final consumer, while staying ahead of regulatory requirements;” “International Operations team oversees product quality and product safety, while quality assurance teams at each of [its] subsidiaries provide oversight at their local production facilities;” and “[Lindt] monitor[s] the quality of [its] ingredients not only in [its] factories but also on different steps in [its] supply chain, starting in the countries of origin.” (ECF No. 20
