Silvious v. Snapple Beverage Corp.
2011 U.S. Dist. LEXIS 68170
| D.D.C. | 2011Background
- This action, removed from DC Superior Court, challenges Snapple under the DC CPPA for allegedly labeling drinks as all natural when they contained HFCS.
- Plaintiff, pro se, purchased Snapple products in DC between Aug 31, 2003 and Jan 31, 2005.
- Plaintiff alleges no explicit injury beyond overpayment and seeks statutory penalties; amended complaint increases proposed distribution of penalties.
- Snapple removed the case and moved to dismiss under Rules 12(b)(1), (5), and (6); the court focuses on statute of limitations and standing.
- Court considers original and amended pleadings together; plaintiff’s discovery timeline and incarceration are central to accrual and tolling analyses.
- Court ultimately grants the 12(b)(6) dismissal as time-barred under DC three-year SOL for CPPA claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to sue under CPPA | Plaintiff maintains lack of injury; standing not established. | Plaintiff has injury as DC consumer; standing exists for CPPA claim. | Plaintiff has Article III standing. |
| Accrual of CPPA claim and statute of limitations | Discovery rule tolls/extends limitations; discovery in 2010/2011. | Accrual occurred at each purchase; no discovery toll applies due to inquiry notice. | Accrual upon each purchase; discovery rule not applicable. |
| Tolling due to incarceration | Disability tolling under DC code extends the period. | Plaintiff was incarcerated after accrual; tolling not available. | No tolling; incarceration did not occur at accrual. |
Key Cases Cited
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (U.S. 1992) (standing requires injury, causation, redressability)
- Williams v. Conner, 522 F. Supp. 2d 92 (D.D.C. 2007) (discovery rule applicable to latent injuries)
- Diamond v. Davis, 680 A.2d 364 (D.C. 1996) (accrual when injury is known or reasonably discoverable)
- Grayson v. AT&T Corp., 15 A.3d 219 (D.C. 2011) (CPPA standing requires injury to sue under DC code)
- Nader v. Democratic Nat. Comm., 567 F.3d 692 (D.C. Cir. 2009) (standard for knowledge of injury and wrongdoing)
- Johnson v. Long Beach Mortg. Loan Trust 2001-4, 451 F. Supp. 2d 16 (D.D.C. 2006) (statutory tolling and accrual framework for CPPA)