Orloff Lowenbach Stifelman & Siegel P.A.

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OLSS Obtains Dismissal With Prejudice Of Multistate Class Action Lawsuit

OLSS partner Jeffrey Garrod obtained a final order of dismissal of a multi-state class action against Nestlé Waters North America Inc. in the Northern District of Illinois.  The plaintiff filed the putative class action seeking millions of dollars in damages and injunctive relief alleging false advertising and mislabeling of Nestlé Waters’ Ice Mountain® brand of bottled water.  The plaintiff alleged the marketing and labeling violated the Illinois Consumer Fraud and Deceptive Business Practices Act (and similar statutes in multiple other states), and that Nestlé Waters was unjustly enriched under the circumstances.

The arguments for dismissal included that the claims were preempted by federal law.  In a published opinion, the District Court agreed with OLSS’s client, Nestlé Waters, and dismissed the lawsuit in its entirety.

The early termination of the lawsuit saved OLSS’s client substantial costs, by avoiding protracted litigation of significant class action claims, as well as any costs of settlement.

Joining Mr. Garrod in defending the class action claims were OLSS partner Craig Ollenschleger and associate Matthew Aslanian.

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