OPINION AND ORDER Plaintiff Juan Velez (“Plaintiff”) brings this putative class action against Lasko Products, LLC (“Defendant”), based on alleged defects with space heaters manufactured by Defendant. ECF No. 14 (the “Amended Complaint” or “Am. Compl.”). Plaintiff asserts that Defendant (1) violated the New York General Business Law (the “GBL”), N.Y. Gen. Bus. Law §§349-350, (2) violated nine other states’ consumer-fraud statutes, (3) breached an express warranty, (4) breached the implied warranties of merchantability and fitness for a particular purpose, (5) breached the Magnuson-Moss Warranty Act (the “MMWA”), 15 U.S.C. §2301 et seq., (6) committed common-law fraud, and (7) was unjustly enriched. See Am. Compl.
68-92. Defendant has filed a motion to dismiss the Amended Complaint under Federal Rule of Civil Procedure (“Rule”) 12(b)(6). ECF Nos. 17 (“Br.”), 21 (“Reply”). Plaintiff opposes this motion. ECF No. 20 (“Opp.”). As explained below, Defendant’s motion is GRANTED in part and DENIED in part. BACKGROUND The following facts, taken from the Amended Complaint, are accepted as true for the purpose of deciding the motion to dismiss, and the Court draws all reasonable inferences in Plaintiff’s favor. See MacNaughton v. Young Living Essential Oils, LC, 67 F.4th 89, 95 (2d Cir. 2023). Defendant “manufactures, markets, and sells low profile portable space heaters.” Am. Compl. 1. On the space heaters’ packaging and in advertising copy provided to third-party sellers such as Amazon and Home Depot, Defendant describes the space heaters “as having an ‘Automatic Temperature [feature which] controls room temperature’ and an ‘Easy-to-read digital display [that] allows you to control the warm air to your comfort level.’” Id. (alterations in original). The automatic-temperature feature “relies on a temperature control panel and thermostat inside of the device to ensure the temperature matches what the user sets.” Id. 2. But “due to defective design and manufacture of the temperature control board, including the internal thermostat, the device is capable [of overheating] and does consistently overheat the area.” Id. 3. Defendant’s space heaters also suffer from a “high failure rate where the unit will shut off prematurely after several minutes plugged in.” Id. 21. “Numerous users have documented their experiences with the flawed temperature controls through online forums and customer reviews during the past several years.” Id. 7; see id.
