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Dwyer v. Allbirds Inc.

Claims Not Stated in Lawsuit Over Advertising for Shoes Made From Wool

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OPINION & ORDER Before the Court is Defendant’s motion to dismiss Plaintiff’s Amended Complaint. (ECF No. 17.) For the following reasons, the motion is GRANTED. I. BACKGROUND For purposes of this motion, the Court accepts as true the facts, but not the conclusions, alleged by Plaintiff in the Amended Complaint. (ECF No. 14 (“AC”).) A. Facts Defendant Allbirds, Inc. is a Delaware corporation with its principal place of business in San Francisco, California. (AC 83.) Defendant manufactures, markets, labels, and sells shoes made from wool (the “Product”), (id. 1), typically priced at $95 per pair for new models, with discounts available for older models, (id.

75, 86). Defendant sells the Product through its website and brick-and-mortar stores, and also through third-party vendors. (Id. 85.) Plaintiff Patricia Dwyer bought the Product, “on one or more occasions at one or more locations, including in 2021, from stores including Walmart and Walmart.com.” (Id. 89.) Defendant’s advertising focuses on the Product’s environmental impact, (id. 5), with representations such as: “Sustainability Meets Style,” “Low Carbon Footprint,” “Environmentally Friendly,” “Made with Sustainable Wool,” “Reversing Climate Change…” and “Our Sustainable Practices.” (Id. 6.) One such example was included in the Amended Complaint: (Id.) Defendant uses a life cycle assessment (“LCA”) tool to estimate its products’ carbon footprint, which it defines as “the kg CO2e emitted to create our products.” (Id.

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