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United States District Court for the Southern District of New York
August 30, 2018, Decided; August 30, 2018, Filed
17 Civ. 3239 (LGS)
OPINION AND ORDER
LORNA G. SCHOFIELD, District Judge:
Plaintiffs Tyoka Brumfield and Cynthia Torocsik bring this purported class action against Defendants Trader Joe's Company ("Trader Joe's"), Dotta Foods LP and F.J. Sanchez Sucesores, S.A.U., seeking to represent a nationwide class of consumers who purchased Trader Joe's "Black Truffle Flavored Extra Virgin Olive Oil" ("the Product").1 The Second [*2] Amended Complaint ("the Complaint") raises eleven causes of action: (1) violation of the Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301, et seq. ("MMWA"); (2) breach of express warranty; (3) breach of implied warranty of merchantability; (4) unjust enrichment; (5) deceptive acts or practices under New York Gen. Bus. Law § 349; (6) false advertising under New York Gen. Bus. Law § 350; (7) negligent misrepresentation; (8) fraud; (9) violation of the California Consumers Legal Remedies Act; (10) violation of the California False Advertising Law and (11) violation of California's Unfair Competition Law.
Defendants move to dismiss the Complaint pursuant to Rule 12(b)(6) for failure to state a claim, and Rule 9(b) for failure to "state with particularity the circumstances constituting fraud or mistake." Fed. R. Civ. P. For the reasons below, the motion is granted.
The following facts are taken from the Complaint and documents attached to or integral to the Complaint. See Tannerite Sports, LLC v. NBC Universal News Grp., 864 F.3d 236, 247- 48 (2d Cir. 2017). Plaintiff Brumfield is a citizen of New York who lives in Brooklyn, and Plaintiff Torocsik is a citizen of California who lives in Santa Barbara. Each purchased an 8.45 fl. oz. bottle of the Product at Trader Joe's for $4.99.
On the Product's label, the words "black truffle" are printed in large black letters; the [*3] words "flavored" and "extra virgin olive oil" are printed in smaller cursive letters underneath. The Product looks as follows:
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2018 U.S. Dist. LEXIS 148397 *; 2018 WL 4168956
TYOKA BRUMFIELD, et al., Plaintiffs, -against- TRADER JOE'S COMPANY, DOTTA FOODS LP, and F.J. SANCHEZ SUCESORES, S.A.U., Defendants.
truffle, consumer, Flavored, unjust enrichment, label, olive oil, cause of action, advertising, warranty, taste, negligent misrepresentation, implied warranty, breach of express warranty, deceptive, products, oil