Brown v. Kerry Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JACLYNN BROWN, individually and on behalf of others similarly situated, Plaintiff, ORDER - against - 20 Civ. 9730 (PGG) (JLC) KERRY INC., Defendant. PAUL G. GARDEPHE, U.S.D.J.: In this putative class action, Plaintiff Jaclynn Brown claims that Defendant Oregon Chai’s advertising for its Chai Tea Latte is false and misleading.1 The Complaint alleges violations of Section 349 and 350 of the New York General Business Law (“GBL”), breach of warranty under New York law and the Magnuson-Moss Warranty Act, and negligent misrepresentation,…