District Judge Nelson S. Roman
Plaintiff entered a Costco store intent on buying liquid laundry detergent free from chemical irritants and recommended by dermatologists. Based on labelling statements, he bought Sun Products’ ALL PLUS + FREE CLEAR detergent. He later found the detergent was not recommended by dermatologists for sensitive skin and that, despite containing a “number of known skin irritants,” its ingredients were not listed on the bottle. District court partly dismissed plaintiff’s putative class action alleging violations of New York General Business Law §§349 and 350, negligent misrepresentation, and unjust enrichment. The negligent misrepresentation claim was dismissed without prejudice. Plaintiff did not plausibly allege the detergent’s label false or misleading. Even assuming its full text was fully visible and easily read, the court could not find, as a matter of law, that no reasonable consumer could be misled into believing that the detergent’s label indicated that both the brand and brand product bearing the actual label were recommended by dermatologists for those with sensitive skin. However, plaintiff plausibly alleged an unjust enrichment claim against Costco as the direct recipient of a premium paid for the allegedly deceptively mislabelled product.