Borenkoff v. Buffalo Wild Wings, Inc., No. 1:16-cv-08532 (S.D.N.Y.): The Court entered an order granting Defendant’s motion to dismiss this putative class action asserting violations of New York’s Deceptive and Unfair Trade Practices Act, and raising a claim for unjust enrichment. Plaintiff alleged that Defendant unlawfully deceived vegetarian consumers by frying various non-meat menu items (e.g. French fries and cheese curds) in beef tallow, despite not listing beef tallow as an ingredient.
Though the Court expressed doubts about the adequacy of the injuries alleged in Plaintiff’s complaint, it nevertheless found that Plaintiff had standing. The Court found, however, that Plaintiff had not sufficiently stated a claim under New York’s GBL because she failed to allege that Defendant’s products were harmful or defective in any way. In so finding, the Court pointed out that although Plaintiff claimed to have paid a premium for the beef tallow in which the products were fried, she failed to alleged “how the use of beef tallow affects the objective economic value of the food items she received.”