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Cooper v. Anheuser-Busch LLC

Survival of GBL Claims Over Brewer's Misleading Labels on 'Rita' Products Explained

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OPINION & ORDER Plaintiffs Tanya Cooper (“Cooper”) and Joseph Rose (“Rose” and, together with Cooper, “Plaintiffs”) bring this putative class action against Anheuser-Busch, LLC (“Defendant”), alleging that the labeling on certain products in Defendant’s “Ritas” line of beverages is deceptive and misleading. Plaintiffs assert claims against Defendant for (1) violations of §§349 and 350 of the New York General Business Law, (2) breach of express warranty, (3) common law fraud, and (4) unjust enrichment. Before the Court is Defendant’s Motion To Dismiss the First Amended Complaint (the “Motion”). (See Not. of Mot. (Dkt. No. 22).) For the following reasons, the Motion is granted in part and denied in part. I. Background A. Factual Background The following facts are drawn from Plaintiffs’ First Amended Complaint and are taken as true for purposes of resolving the instant Motion. Defendant is an American brewing company that manufactures, markets, and distributes malt beverages for sale nationwide. (First Am. Compl. (“FAC”)

14-15, 24, 33, 41 (Dkt. No. 16).) This Action involves three such products — Defendant’s (1) Lime-A-Rita Sparkling Margaritas (the “Margarita Product(s)”), (2) its Sangria Spritz Sparkling Sangria Cocktail and Rosé Spritz Sparkling Rosé Cocktail (the “Wine Product(s)”), and (3) its Mojito Fizz Sparkling Cocktail (the “Mojito Product(s)” and, together with the Margarita Products and Wine Products, the “Products”). (Id.

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