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Nemphos V. Nestle Waters Case Summary

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Summary In this case, a plaintiff, Nemphos, brought a product liability case against Nestle Waters North America, Nestle USA, The Dannon Company and Gerber Products. The claim from the plaintiff, Nemphos on behalf of her minor daughter, was that these manufactures of bottled water, infant formula, and baby food her daughter consumed over a period of time caused her daughter to develop dental fluorosis. “The complaint alleged that the manufacturers had failed to warn about the risks of dental fluorosis for children who consume large amounts of fluoride, and that they had misleading marketed their fluoride-containing products as especially beneficial to children” (Nemphos vs. Nestle Waters, 2015) According to the Centers for Disease Control and Prevention, “dental fluorosis is a change in appearance of the tooth’s enamel. These changes vary from barely …show more content…

The complaint is studded with highly general and conclusory statements that could be adapted to many different products at many different times. It says little about the contents of the infant formula and baby food products in particular, except merely that they contain some amount of fluoride. We are left essentially with a “naked assertion” of liability that lacks the “further factual enhancement” demanded by Rule 8(a)(2). Even at this stage of the proceedings, something more is required regarding the precise nature of the state-law duty the manufacturers are alleged to have breached, as well as the grounding in state law for whatever warning Nemphos proposes to impose. The vagueness of the allegations simply fails to satisfy the basic “plausibility” requirements of Rule 8 and Twombly, and it provides an inadequate basis for overturning the trial court's dismissal of the infant formula and baby food claims”. (Nemphos vs. Nestle Waters,

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