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English v. Danone N. Am. Public Benefit Corp.

'Coffee Creamer' Misrepresentation Case Dismissed; Claims Not Stated, Standing Lacking

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OPINION AND ORDER Plaintiff Rosita English brings this putative class action against defendant Danone North America Public Benefit Corporation alleging violations of Sections 349 and 350 of New York’s General Business Law (“GBL”); violations of Sections 17.41 through 17.63 of the Texas Business and Commerce Code (“DTPA”); violations of the consumer fraud acts of Alaska, Idaho, Iowa, Kansas, Kentucky, Montana, Nebraska, North Dakota, South Carolina, Utah, and Virginia; breach of express warranty; breach of the implied warranty of merchantability; breach of the implied warranty of fitness for a particular purpose; violation of the Magnuson Moss Warranty Act (“MMWA”); fraud; and unjust enrichment, all based on the assertion that defendant misrepresents its International Delight brand French Vanilla coffee whitener as a “coffee creamer” even though it does not contain cream. (Doc. #1 (“Compl.”) 1). Now pending is defendant’s motion to dismiss pursuant to Rule 12(b)(6). (Doc. #6). For the reasons set forth below, the motion is GRANTED. The Court has subject matter jurisdiction pursuant to 28 U.S.C. §1332(d). BACKGROUND For the purpose of ruling on the motion to dismiss, the Court accepts as true all wellpleaded factual allegations in the complaint and draws all reasonable inferences in plaintiff’s favor, as summarized below. This case concerns statements made on the packaging of International Delight French Vanilla flavored coffee whitener (the “Product”), manufactured by defendant, which has a principal place of business in New York. Plaintiff, a citizen of Texas,1 allegedly purchased the Product in June 2022 in Fort Worth, Texas. Plaintiff alleges the Product is sold next to dairy products such as coffee cream. Further, the Product’s front packaging identifies it as a “‘Coffee Creamer,’ beneath a large seal stating, ‘Delightfully Creamy,’” as depicted below: (Compl.

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