7:22-cv-06722
S.D.N.Y.Mar 12, 2025Background
- Plaintiff Joanne Reyes brought a putative class action against Flora Food US Inc. (formerly Upfield US Inc.), alleging deceptive labeling on Country Crock Plant Butter “With Almond Oil.”
- Reyes claimed the product's labeling misled consumers about the quantity of almond oil present, expecting a significant or predominant amount due to labels stating "Made With Almond Oil" and images of almonds.
- She brought claims under New York General Business Law (GBL) §§ 349 (consumer protection) and 350 (false advertising), seeking damages based on price premium theory.
- Plaintiff’s factual evidence was based chiefly on her own deposition and opinions from two experts, disclosed weeks after the court-imposed deadline.
- Defendant moved for summary judgment following discovery, arguing lack of evidence of actual injury (price premium) and that the labeling was not materially misleading to a reasonable consumer.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Actual Injury (Price Premium) | Paid a price premium due to deceptive labeling | No admissible evidence of price premium or injury | No evidence of injury; summary judgment for Defendant |
| Materially Misleading Label | Labels implied significant almond oil content | Label not misleading; almond oil was present as labeled | No evidence label misled reasonable consumers; for Defendant |
| Admissibility of Expert Reports | Experts support deception and price premium claims | Untimely and speculative expert disclosures | Court did not exclude, but found expert reports insufficient |
| Requirement for Statutory Damages | Statutory damages available regardless of injury | Injury is required to recover, even for statutory damages | Must prove injury first; summary judgment for Defendant |
Key Cases Cited
- Stutman v. Chem. Bank, 731 N.E.2d 608 (N.Y. 2000) (actual injury required under GBL § 349)
- Cohen v. JP Morgan Chase & Co., 498 F.3d 111 (2d Cir. 2007) (reasonable consumer standard for misleading conduct)
- Orlander v. Staples, Inc., 802 F.3d 289 (2d Cir. 2015) (elements of claim under GBL § 349)
- Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (summary judgment burden and standard)
- Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (1986) (standard for non-movant’s burden at summary judgment)