Client Gerber Products Co. , represented by Riker Danzig partner Scott Ohnegian, who acted as local counsel to Mayer Brown, succeeded in having claims under the New Jersey Consumer Fraud Act dismissed in federal court on July 14. The claims were dismissed without prejudice after the judge found that the plaintiffs had failed to link any alleged misconduct to a specific loss. Also dismissed were claims for breach of implied warranty and unjust enrichment. This is the second time Gerber has successfully obtained dismissal of claims in the proposed class action within the last three months. At issue in the suit are two of Gerber’s Good Start Protect formulas and DHA & Probiotic Cereal Single Grain, against which the plaintiffs alleged false advertising, among other claims.
