Dumont v. Reily Foods Co.
Court of Appeals for the First Circuit
1Opinion of the Court
KAYATTA, Circuit Judge.
Defendant New England Coffee Company, operating as a subsidiary of Reily Foods Company,1 sells a "Hazelnut Crème" coffee. Kathy Dumont contends that she purchased the coffee because she thought that a coffee styled "Hazelnut Crème" contained some hazelnut. After learning that the "Hazelnut Crème" coffee contained no hazelnut at all, Dumont brought this putative class action challenging the coffee's labeling as a violation of Massachusetts' consumer protection laws. The district court dismissed the case for failure to meet the heightened pleading standard of Federal Rule…
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