Hernandez v. The Wonderful Co. LLC

Plaintiff Lacks Standing to Show Bottles She Purchased Had Harmful Substances

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OPINION & ORDER Bertha Hernandez brought this putative class action alleging violations of consumer protection laws based on the presence of certain synthetic chemicals in pomegranate juice produced, marketed, and sold by The Wonderful Company LLC and its wholly owned subsidiary POM Wonderful LLC (together, “Defendants”). Doc. 1. Before the Court is Defendants’ motion to dismiss the suit in its entirety. Doc. 27. For the reasons set forth below, the motion is granted. I. BACKGROUND A. Factual Background Defendants manufacture and sell POM Wonderful® 100 percent Pomegranate Juice drink (“the Product”) at mass market retailers and grocery stores throughout the United States. Doc. 24 (First Amended Class Action Complaint (“FAC”)

4, 22. Hernandez alleges that she purchased and consumed the Product on numerous occasions at various retail stores in New York, New York in July 2022. Id. 87. She purchased the Product relying upon the representations set out in Defendants’ labelling and marketing materials that the Product was “safe for use and was a 100 percent juice beverage containing ‘All Natural’ ingredients.” Id. 88. Defendants’ representations with respect to the Product include: The front label of the product describes it as an “Antioxidant Superpower.” Id. 25. The cap on the Product reads “100 percent POMEGRANATE JUICE” and lists the slogan “Drink It Daily. Feel It Forever.” Id.

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