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Torres v. Kohlberg, Kravis, Roberts & Co. LP

Plaintiff Alleging Deceptive Diet Food Marketing Fails to Show Defendants Caused Injury

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OPINION AND ORDER DENYING IN PART AND GRANTING IN PART MOTION TO DISMISS Plaintiff brings this putative class action alleging that Defendants have deceptively marketed the product “I Can’t Believe It’s Not Butter! Spray” as a diet food. Having previously filed an unsuccessful motion to transfer, stay, or dismiss this case based on the existence of an earlier-filed case in California, Defendants now move to dismiss for lack of subject matter jurisdiction. Defendants urge the Court to dismiss this entire case, arguing that Plaintiff fails to allege any injury in fact. Defendants also argue that the Court should dismiss the case against Defendants Kohlberg, Kravis, Roberts & Co. L.P. and Conopco, Inc. because those defendants did not cause and cannot redress Plaintiff’s alleged injury. Defendants further argue that Plaintiff lacks standing to assert claims about versions of the product she did not buy, to assert claims under the laws of states other than New York, and to seek injunctive relief. For the reasons set forth below, the motion to dismiss for lack of subject matter jurisdiction [ECF No. 50] is DENIED IN PART and GRANTED IN PART. I. BACKGROUND1 A. Plaintiff’s Complaint Plaintiff Josephine Torres initiated this putative class action by filing a complaint [ECF No. 1]. She seeks to represent a class consisting of all persons who, between June 2014 and the present, purchased, in any state other than California and Missouri, a bottle of I Can’t Believe It’s Not Butter! Spray (“ICBINB Spray” or “ICBINBS”). Cmpl.

121-129. Plaintiff alleges that she, and the other putative class members, were injured when they purchased ICBINB Spray, and paid a premium for it, because of allegedly misleading representations about the fat and calorie contents of the product. See Cmpl.

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