Richard Loreto v. Procter and Gamble Company

GRIFFIN, Circuit Judge.

Plaintiffs Richard Loreto and Larry Buffa appeal the district court’s dismissal of their claims against Procter & Gamble for violation of various consumer-protection statutes. For the following reasons, we affirm in part and reverse in part.

I

This proposed class action involves the charge that Procter & Gamble was unjustly enriched and violated the consumer-protection laws of all fifty States when it sold and marketed two new products in 2009: DayQuil Plus Vitamin C and NyQuil Plus Vitamin C. According to plaintiffs, the company sought to exploit the commonly held, yet…