Drip Drop Hydration Inc., a maker of powdered drink mixes, convinced a federal judge to dismiss for now two claims in a lawsuit alleging it deceptively advertised its rehydration products as free from artificial preservatives, but used citric acid that qualified as such.
The US District Court for the Northern District of Illinois on Tuesday dismissed a claim under the Illinois Consumer Fraud Act and a claim for unjust enrichment because the plaintiff didn’t sufficiently plead actual damages, but the court allowed a fraud claim to proceed.
Plaintiff Christine Slowinski “merely” alleged that the misleading label caused potential class members ...
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