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KOENIG v. BOULDER BRANDS, INC.

No. 13-CV-1186 (ER).

995 F.Supp.2d 274 (2014)

Philip KOENIG and Enrico Luongo, on behalf of themselves and all others similarly situated, Plaintiffs, v. BOULDER BRANDS, INC. and GFA Brands, Inc., Defendants.

United States District Court, S.D. New York.

January 31, 2014.

Attorney(s) appearing for the Case

Douglas Gregory Blankinship, Todd Seth Garber, Meiselman, Packman, Nealon, Scialabba & Baker P.C., White Plains, NY, Kim Eleazer Richman, Michael Robert Reese, Reese Richman LLP, New York, NY, for Plaintiffs.

Lyndon Mitchell Tretter, Hogan Lovells US LLP, New York, NY, Robert B. Wolinsky, Steven P. Hollman, Hogan Lovells US LLP, Washington, DC, for Defendants.

OPINION AND ORDER

RAMOS, District Judge.

This putative class action arises from Plaintiffs' allegations that Boulder Brands, Inc. ("Boulder") and GFA Brands, Inc. ("GFA") (collectively, the "Defendants") deceptively labeled as "fat free" certain milk products that — due to the addition of an omega-3 oil blend — in fact contained one gram of fat per serving. Plaintiffs bring three claims under New York State law: (1) violation of General...

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