Clemmons v. Flora Food US Inc., 1:22-cv-00355

Plaintiff Duval Clemmons brought a putative class action against Flora Food US Inc., which sells Country Crock plant butter products, alleging misleading labeling about olive oil content.
The claim centers on whether the product was labeled "Made With Olive Oil" (which Clemmons asserts is misleading), even though Flora switched to "With Olive Oil" on labels in late 2019.
Clemmons made all his relevant purchases between April and October 2021 at BJ’s, exclusively buying the Twin Pack product.
Flora ceased using “Made With Olive Oil” prior to Clemmons’s purchases and contends that Twin Packs never had such labeling.
Clemmons argued he was deceived and paid a price premium, relying on a consumer survey, but he produced no evidence of actual injury or that he bought a product with the disputed label.
The court granted summary judgment for Flora, finding no reasonable jury could find in Clemmons’s favor on labeling or actual injury.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did Clemmons purchase a product with the "Made With..." label?	Clemmons claims he did; argues products remained on shelves past label change.	Flora says label was changed well before Clemmons’s purchases and Twin Pack never had it.	No evidence Clemmons purchased such a product; for Flora.
Was the label "Made With Olive Oil" materially misleading?	Argues it misled consumers to believe product was olive oil only or predominantly olive oil.	Denies responsibility—product purchased didn’t have this label during relevant time.	No ruling needed, claim depends on purchase of such product.
Is "With Olive Oil" distinction outcome determinative?	Argues no meaningful difference; survey tests both phrases.	Points to case law showing "Made With" and "With" do differ materially.	Distinction is outcome determinative; claim pled only "Made With..."
Did Clemmons suffer actual injury (e.g., price premium)?	Claims would not have bought but for label; cites expert survey.	Argues no evidence of price premium or comparative pricing; expert gave no economic opinion.	No evidence of actual injury; summary judgment for Flora.

Orlander v. Staples, 802 F.3d 289 (2d Cir. 2015) (sets out elements for GBL §§ 349, 350 consumer protection claims)
Mantikas v. Kellogg Co., 910 F.3d 633 (2d Cir. 2018) ("Made with" can imply predominance or exclusivity of ingredient)
Small v. Lorillard Tobacco Co. Inc., 94 N.Y.2d 43 (N.Y. 1999) (mere purchase of a mislabeled product is not injury absent actual harm or price premium)
Fink v. Time Warner Cable, 714 F.3d 739 (2d Cir. 2013) (packaging representations are primary evidence in consumer-fraud cases)