OPINION & ORDER This case involves water bottles marketed as recyclable. Plaintiff Eladia Duchimaza (“Duchimaza”), a New York resident, brings this putative class action under New York law against defendant Niagara Bottling, LLC (“Niagara”), a Delaware corporation. She alleges that Niagara’s representation that its water bottles (the “Products”) are “100 percent Recyclable” is false and misleading. In fact, she alleges, not all components of the Products are made of recyclable material, and low recycling capacity in New York state makes the other components effectively non-recyclable. Duchimaza brings claims of (1) deceptive and unfair trade practices under New York General Business Law (“GBL”) §349, (2) false advertising under GBL §350, (3) New York common law fraud, (4) breach of express warranty, and (5) unjust enrichment. Before the Court is Niagara’s Rule 12(b)(1) and 12(b)(6) motion to dismiss Duchimaza’s First Amended Complaint (“FAC”). For the reasons that follow, the Court grants that motion in full. I. Background A. Factual Background1 1. Parties Duchimaza is a resident of New York City who purchased numerous multi-bottle packs of Niagara’s Kirkland water bottles.2 FAC 18. Although the date of her first purchase is not alleged, Duchimaza’s most recent purchase was in July 2021. Id. Duchimaza made her purchases at a Costco store located at 517 E. 117 Street, New York, NY 10035. Id. She paid approximately $4 for each pack of Niagara’s Kirkland bottled water. Id. The FAC alleges that in buying these, Duchimaza relied on the bottles’ labels, which stated the Products were “100 percent Recyclable.” Id. The FAC alleges that these labels led Duchimaza to believe that the entire Product, including its cap and label, was completely recyclable if she disposed of it in a recycling bin. Id. It further alleges that Niagara’s claim is false because the label is not recyclable in Duchimaza’s geographic area and because, based on national and statewide statistics, fewer than half the bottles she purchased would be recycled. Id. Niagara is a corporation organized under Delaware laws, with its principal place of business in Ontario, California. Id. 20. Niagara manufactures, markets, and sells beverages in the United States under several brand names, including Niagara, Costco Kirkland, Save Mart Sunny Select, and Save Mart Market Essentials, all of which the FAC refers to as the “Products.” Id.
1 n.1, 20. 2. Allegations that Niagara Bottles are Not “100 percent Recyclable” The FAC alleges two theories why Niagara’s claim that its Products are “100 percent Recyclable” is false. First, it alleges, the labels attached to each bottle are not recyclable. Id. 1. Second, it alleges, limitations in the recycling system prevent even the recyclable components from being recycled. Id. 6. These, the FAC contends, make Niagara’s representation that its Products are “100 percent Recyclable” false and misleading. Id. 1. a. Allegations that bottle labels and some caps are not recyclable Each Product manufactured by Niagara has three plastic components: the bottle, the bottle cap, and the label wrapped around the bottle. Id. 30. The bottle is made from polyethylene terephthalate (PET, #1 plastic). Id. Some caps are made from high-density polyethylene (HDPE, #2 plastic).3 Both of these materials are among “the most recyclable forms of plastic.” Id. 34. The FAC alleges that some bottle caps and the labels are comprised of PP plastic and biaxially oriented polypropylene (BOPP) plastic, a form of PP, which are “among the least recyclable plastics.” Id.
