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Grossman v. Simply Nourish Pet Food Co. LLC

Only GBL §§349, 350 Claims Survive in Deception Suit Over Pet Food's 'Natural' Labeling

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MEMORANDUM & ORDER Plaintiff Alexa Grossman, individually and on behalf of others similarly situated, commenced this action against Simply Nourish Pet Food Company LLC (“Simply Nourish”) and Petsmart, Inc. (collectively, “defendants”), alleging that defendants falsely and deceptively represent that their pet food products are made from “Natural Ingredients” or “Natural Wholesome Ingredients,” when in fact they contain synthetic ingredients, in violation of New York General Business Law §§349 and 350, state warranty laws, the Magnuson-Moss Warranty Act, and common law. (ECF No. 1, Complaint (“Compl.”)

2-4, 7.) Plaintiff seeks to represent a class of New York residents who purchased Simply Nourish’s pet products during the class period, and requests declaratory and injunctive relief, monetary damages, punitive damages, and attorney’s fees. (Compl.

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