Gordon Rees Scully Mansukhani Partners Clair Wischusen and Peter Siachos secured a major victory on behalf of a leading toothpaste manufacturer, obtaining the dismissal of a false advertising class action in the Northern District of New York.
The action was filed by a prolific plaintiffs’ class action attorney who has filed hundreds of similar lawsuits about the labeling of various consumer products. The plaintiff alleged that the labeling of the client’s “antiplaque & whitening” fluoride-free toothpaste was false and misleading because it caused him to believe the product prevented gingivitis and periodontal disease, a belief he now considers to be false. The plaintiff claimed that it was impossible for the toothpaste to fulfill the representations on the label because it lacked the necessary ingredients to do so. The plaintiff asserted claims for deceptive business practices, fraud, and breach of implied and express warranties under state and federal law.
GRSM moved to dismiss the complaint because the plaintiff failed to state a claim that the labeling was misleading to a reasonable consumer. The court agreed with GRSM's arguments, finding that the product labeling did not make the challenged representations and that the plaintiff’s false advertising claims were inconsistent with the packaging itself. The court determined that GRSM's arguments rendered all of the plaintiff's claims untenable and denied leave to amend as futile.