United States Fourth Circuit
Nemphos v. Nestle Waters North America, Inc., 13-2146
In this case, plaintiff filed suit against defendant manufacturers of bottled water, infant formula, and baby food that her minor daughter had consumed before developing dental fluorosis. Dismissal of plaintiff's action is affirmed, where: 1) federal law, which provides uniform labeling standards for the products at issue, preempts plaintiff's bottled water claims; and 2) plaintiff's complaint as to the infant formula and baby food products fails to satisfy the pleading requirements of Federal Rule of Civil Procedure 8(a)(2), as the vagueness of the allegations simply fails to satisfy the basic "plausibility" requirements of Rule 8 and Bell Atl. Corp. v. Twombly, and it provides an inadequate basis for overturning the trial court's dismissal of the two claims.
Appellate Information
- Decided 01/08/2015
- Published 01/08/2015
Judges
- Wilkinson
Court
- United States Fourth Circuit