Chewing Gum Class Action Dismissed for Failing to State a Cause of Action

A federal court in Florida has dismissed without prejudice a putative class
action alleging that the Wm. Wrigley Jr. Co. misled consumers by claiming
that its Eclipse® Breeze chewing gum contains “Cardamom to Neutralize the
Toughest Breath Odors.” Nichols v. Wm. Wrigley Jr. Co., No. 10-80759 (S.D. Fla., decided January 19, 2011). A similar lawsuit, filed in August 2010
in California, is discussed in Issue 360 of this Update.

According to the court, the plaintiff pleaded sufficient facts “to establish the
falsity of the representation,” but he did not plead sufficient facts as to each of
his claims of fraudulent concealment, negligent misrepresentation, intentional
misrepresentation, and breach of express warranty. The court dismissed
the plaintiff’s claim for unjust enrichment because “he does not lack an
adequate legal remedy.” The plaintiff was given five days to file an amended
complaint.