Smith v. WM. WRIGLEY JR. CO.

ORDER DENYING MOTION TO DISMISS

JAMES I. COHN, District Judge.

THIS CAUSE is before the Court on Defendant’s Motion to Dismiss Complaint in Its Entirety and Incorporated Memorandum of Law [DE 20] (“Motion to Dismiss”). The Court has considered the Motion to Dismiss, Plaintiffs Response [DE 25], Defendant’s Reply [DE 26], the record in this case, and is otherwise advised in the premises. 1

I. BACKGROUND

This case centers on Wm. Wrigley Jr. Company’s (‘Wrigley”) claim “that its Eclipse® gum brand is ‘scientifically proven to help kill the germs that cause bad breath’ as a result of the ‘natural…