Hackman v. One Brands, LLC No. Cv

18-2101 (CKK) (April 1, 2019)

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Legal Analysis

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Nature Of The Case

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Facts

Hackman (P) is a resident of the District of Columbia who is a nurse as well as a public health and consumer watchdog. P filed suit against One Brands LLC (D) alleging that D violated the District of Columbia Consumer Protection Procedures Act (DCCPPA) by misleading consumers about the amount of sugar P’s product, OneBars. P seeks on behalf of the general public 'an injunction against D, including that D be barred from selling OneBars in the District of Columbia until the front of OneBar labels gave truthful information about the sugar content of the bars.' P seeks attorneys' fees and costs and punitive damages. The Complaint was filed in Superior Court and D removed it to this Court, invoking the Court's CAFA jurisdiction and traditional diversity jurisdiction. D filed a Motion to Dismiss the Complaint on grounds of preemption, standing, and failure to state a claim for which relief may be granted. P responded to that motion and later filed a Motion to Remand for Lack of Subject Matter Jurisdiction, which is currently pending before the Court.

Issues

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Holding & Decision

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