Parker v. Wal-Mart Stores, Inc.

367 F. Supp. 3d 979
CourtDistrict Court, E.D. Missouri
DecidedFebruary 12, 2019
DocketCase No. 4:18-CV-00465-JAR
StatusPublished
Cited by4 cases

This text of 367 F. Supp. 3d 979 (Parker v. Wal-Mart Stores, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Parker v. Wal-Mart Stores, Inc., 367 F. Supp. 3d 979 (E.D. Mo. 2019).

Opinion

JOHN A. ROSS, UNITED STATES DISTRICT JUDGE

This matter is before the Court on Defendant Wal-Mart Stores, Inc.'s Motion to Dismiss. (Doc. 11.) Plaintiffs responded in opposition (Doc. 18), and Defendant replied (Doc. 21).

Background

Plaintiffs are four individuals-residents of Florida, Missouri, Tennessee, and Wisconsin, respectively-seeking to represent a nationwide class of consumers who purchased glucosamine dietary supplements at Wal-Mart. (Doc. 1 at 1-2.) Plaintiffs assert that "glucosamine sulfate has been shown to reduce the pain of osteoarthritis, in knees in particular, and can be equally as effective as Tylenol and some nonsteroidal anti-inflammatory drugs." (Id. at 2.) Plaintiffs allege, however, that Defendant's glucosamine supplement label lists glucosamine sulfate as an ingredient "when in fact the supplements contain glucosamine hydrochloride and potassium sulfate, less expensive ingredients with no proven efficacy." (Id. at 1-2.) Plaintiffs assert that "Defendant has long known that there is scant or conflicting evidence about the effectiveness of glucosamine hydrochloride for the treatment of osteoarthritis," and "knew, or in the exercise of reasonable diligence should have known, that its representations regarding the Glucosamine dietary supplements it sold were false or deceptive." (Id. at 2, 17.)

Put simply, Plaintiffs allege that Defendant's mislabeled glucosamine supplements induced them to purchase a product that was ineffective and unfit for treating their joint pain and seek monetary damages as well as declaratory and injunctive relief. Plaintiffs advance seven specific claims for relief:

Count I - Breach of implied warranties in violation of the Magnuson-Moss Warranty Act ("MMWA");
Count II - Breach of implied warranties in violation of Florida, Missouri, Tennessee, and Wisconsin state law;
Count III - Unjust enrichment or quasi-contract;
Count IV - Negligent misrepresentation:
Count V - Violation of the Florida Deceptive and Unfair Trade Practices Act ("FDUTPA");
Count VI - Violation of the Missouri Merchandising Practices Act; and
Count VII - Unfair trade practices in violation of Wisconsin state law.

(Doc. 1 at 19-32.) Defendant argues that Plaintiffs' claims are all subject to dismissal because they are preempted by federal law or fail on their merits and adds that Plaintiffs lack standing to seek equitable relief. (Doc. 12.)

*982Legal Standard

To survive a motion to dismiss pursuant to Rule 12(b)(6), "a complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.' " Ashcroft v. Iqbal , 556 U.S. 662, 768, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (citing Bell Atl. Corp. v. Twombly , 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) ). "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Id.

Discussion

As noted, Defendant attacks Plaintiffs' claims three ways: preemption by federal law; failure on the merits; and lack of standing. (Doc. 12.)

1. Preemption

Defendant begins by arguing that Plaintiffs' state-law claims are preempted by federal law. "The Supremacy Clause provides that the laws and treaties of the United States 'shall be the supreme Law of the Land." U.S. Const., Art. VI, cl. 2. "Accordingly, it has long been settled that state laws that conflict with federal law are 'without effect.' " Mut. Pharm. Co. v. Bartlett , 570 U.S. 472, 479-80, 133 S.Ct. 2466, 186 L.Ed.2d 607 (2013) (quoting Maryland v. Louisiana, 451 U.S. 725, 746, 101 S.Ct. 2114, 68 L.Ed.2d 576 (1981) ). The same principle applies to state laws that conflict with federal regulations. See, e.g. , Missouri Child Care Ass'n v. Cross , 294 F.3d 1034, 1041 (8th Cir. 2002).

Labeling of dietary supplements is governed by the federal Food, Drug, and Cosmetic Act ("FDCA"), 21 U.S.C. §§ 301 - 399, specifically, the Nutrition Labeling and Education Act ("NLEA"), 21 U.S.C. §§ 341 - 350l. The FDCA classifies dietary supplements as "food," which it defines as "articles for food or drink for man or other animals." 21 U.S.C. § 321(f), (ff). Because individual states may not "directly or indirectly establish ... any requirement for nutrition labeling of food that is not identical to [that section,]" 21 U.S.C.

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Cite This Page — Counsel Stack

Bluebook (online)
367 F. Supp. 3d 979, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parker-v-wal-mart-stores-inc-moed-2019.