Conclusory allegations, even when bolstered by informal communications, such as text messages, will not substitute for well-pleaded facts showing materially misleading conduct or a specific misrepresentation.

In Libman v. Hershey Co., 2025 N.Y. Slip Op. 31769(U), (Sup. Ct., N.Y. County May 5, 2025) (here), the motion court was asked to consider whether a front-of-the-package label on the Twizzlers candy wrapper violated General Business Law (“GBL”) §§ 349 and 350.