General Business Law § 349 was promulgated to address “the impact of deceptive conduct on consumer purchases [and, therefore,] prohibits deceptive acts and practices that misrepresent the nature or quality of products and services.”

New York’s consumer protection statutes, General Business Law (“GBL”) §§ 349 and 350, prohibit materially deceptive business practices and false advertising directed at consumers.

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.