ARTHUR HOYTE, M.D., Plaintiff, v. YUM! BRANDS, INC. d/b/a KFC, Defendant., 489 F. Supp. 2d 24

Summary

The consumer alleged that the restaurant failed to disclose the presence of trans fat in its food and made misleading statements to the public concerning the contents of its food. The court granted the company's motion to dismiss under Fed. R. Civ. P. 12(b)(6). As to the implied warranty claim under D.C. Code § 28:2-314, the court found that the consumer lacked the injury necessary to state a claim under an implied warranty of merchantability. The consumer stated that he was placed in a zone of physical endangerment when the restaurant sold him food containing trans fat, but the zone of physical danger concept applied only to claims of serious emotional distress, which the consumer expressly disavowed. The court found that the consumer also lacked standing to bring a claim under the DCCPPA because of his failure to present an actual or threatened injury-in-fact. Additionally, the consumer failed to state a claim for negligent misrepresentation because a statement of superiority was ...