Consumer Claims Melt Away Under District Court’s Scrutiny
In a recent decision, Beers v. Mars Wrigley Confectionery US, LLC, Judge Seibel of the District Court for the Southern District of New York dismissed all of Plaintiff Steven Beers’s claims under Sections 349 and 350 of the New York General Business Law (“GBL”). Judge Seibel concluded that Beers’s complaint, which took aim at the labeling on Dove brand ice cream bars, failed to plausibly allege that the disputed labeling was misleading to reasonable consumers. Beers reaffirms the basic principle that idiosyncratic or farfetched interpretations of product labeling do not give rise to GBL claims.