MEMORANDUM AND ORDER Plaintiff Gerard Campbell (“Campbell”) brings this putative consumer class action against defendant Drink Daily Greens, LLC (“Defendant”), a company that manufactures and sells juice products. The case is in federal court on the basis of diversity jurisdiction. Campbell asserts three causes of action: (i) deceptive business practices under New York General Business Law (“GBL”) §349; (ii) false advertising under GBL §350; and (iii) common-law fraud. The crux of all three claims is the allegation that Defendant sells juice products with misleading labels. Pending now before the Court is Defendant’s motion to dismiss the Second Amended Complaint, under Rule 12(b)(6) of the Federal Rules of Civil Procedure, for failure to state a claim. ECF No. 38. For the reasons set forth below, Defendant’s motion is GRANTED.BACKGROUND1Defendant is a Texas-based company that “manufactures and sells juice products bearing the name ‘Daily Greens.’” ECF No. 30 (“Second Am. Compl.”)1. Two of its product lines are at issue in this case: “Green Juices” and “Just Juices” (together, the “Products”). Id.2. Defendant manufactures the Products through a two-step process. Id.12. Step one is “cold-pressing,” itself a two-step process by which fruits and vegetables are first (i) shredded into a pulp and then (ii) the pulp is subjected to hydraulic pressure, which pressure extracts juice and water from the produce while leaving behind the pulp and fiber. Id.13. After bottling comes step two: “high pressure processing” (“HPP”). Id.14. During HPP, an FDA-approved method for eliminating harmful pathogens and bacteria, “[t]he bottles are placed into a cylindrical vessel and pressurized at levels up to 87,000 pounds per square inch.” Id.Plaintiff Campbell, a Brooklyn resident, claims that he purchased one of the Products in August 2016. Id.65. More to the point, Campbell claims that he paid a premium for the Products based on several purported misrepresentations on the Products’ labels and on Defendant’s website. See id.
66-77. Specifically, Campbell claims that Defendant, on its Products’ labels and on its website, made a number of materially false or misleading representations — namely, that the Products (i) are “cold-pressed”; (ii) are “not pasteurized”; (iii) are fresh or have the quality of “freshness”; (iv) are “never heated”; and (v) have “4.5 pounds of produce pressed into every bottle.” See id
