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DICROCE v. McNEIL NUTRITIONALS, LLC

No. 22-1910.

82 F.4th 35 (2023)

Kristin DICROCE, individually and on behalf of all persons similarly situated, Plaintiff, Appellant, v. McNEIL NUTRITIONALS, LLC and Johnson & Johnson Consumer Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

September 18, 2023.

Attorney(s) appearing for the Case

John Peter Zavez , with whom Noah Rosmarin , Brendan M. Bridgeland , and Adkins, Kelston & Zavez, P.C. were on brief, for appellant.

Hannah Y. Chanoine , with whom Kayla N. Haran , Matthew D. Powers , and O'Melveny & Myers LLP were on brief, for appellees.

Before Kayatta, Gelpí, and Montecalvo, Circuit Judges.

Plaintiff-Appellant Kristin DiCroce ("DiCroce") challenges the district court's dismissal of her complaint against McNeil Nutritionals, LLC and Johnson & Johnson Consumer, Inc. (collectively, "Appellees") for their allegedly misleading labeling and marketing of Lactaid supplements. We agree with the dismissal outcome...

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