Overview
In an opinion today, Judge Forrest dismissed a class action brought by a vegetarian who alleged she bought fries and mozzarella sticks at Buffalo Wild Wings without knowing that they were cooked in beef tallow.
Judge Forrest found that, under the New York consumer protection law at issue, N.Y. Gen. Bus. L § 349, the “loss of the purchase price of an item, standing alone, does not constitute an ‘actual injury.’” Because the plaintiff did “not separately allege that she was harmed by the food items she received, that those items were defective in any way, or that the price of the food items was inflated as a result of using beef tallow,” the case was dismissed.
