This case was last updated from U.S. District Courts on 01/04/2022 at 07:45:49 (UTC).

Toporek v. The Procter & Gamble Company

Case Summary

On November 5, 2021, Michael Toporek (“Plaintiff”), individually and on behalf of all others similarly situated, represented by Jason P. Sultzer of the Sultzer Law Group, filed a personal property fraud lawsuit against the Procter & Gamble Company (“Defendant”), seeking injunctive relief, statutory and punitive damages, costs and other reliefs for the Defendant’s alleged deceptive marketing and labeling practices. This case was filed in U.S. District Court in the Eastern District of New York with Judge Anne Y. Shields and Judge Joan M. Azrack presiding

 

This action seeks to remedy the alleged deceptive and misleading business practices of The Procter & Gamble Company with respect to the marketing and sale of various body spray products throughout the state of New York and throughout the country. The Plaintiff brings this action against Defendant on behalf of himself and Class Members who purchased the Products during the applicable statute of limitations period (the “Class Period”).

 

In the complaint, the Plaintiff alleged that, “Defendant misleadingly, inaccurately, and deceptively advertise and market their Products to consumers. Defendant’s improper consumer-oriented conduct—including failing to disclose that the Products have benzene—is misleading in a material way in that it, inter alia, induced Plaintiff and the New York Subclass Members to purchase Defendant’s Products and to use the Products when they otherwise would not have. Defendant made the untrue and/or misleading statements and omissions willfully, wantonly, and with reckless disregard for the truth.”

 

The Plaintiff also alleged that, “Defendant’s labeling and advertisements contain untrue and materially misleading statements and omissions concerning its Products inasmuch as they misrepresent that the Products are safe for use and don’t list that the Products contain benzene. Plaintiff and the New York Subclass Members have been injured inasmuch as they relied upon the labeling, packaging, and advertising and purchased Products that were mislabeled, unhealthy, and entirely worthless. Accordingly, Plaintiff and the New York Subclass Members received less than what they bargained and paid for.”

 

Further, the Plaintiff alleged that, “Plaintiff and Class Members reasonably relied upon Defendant’s affirmations of fact and justifiably acted in ignorance of the material facts omitted or concealed when they decided to buy Defendant’s Products. Defendant knowingly breached the express warranties by including benzene in the Products sold to Plaintiff and the Class without properly notifying them of their inclusion in the Products.”

 

There are seven claims of relief laid down by the Plaintiff. The first claim alleged for relief is for the violation of New York GBL § 349, the second claim for relief is for violation of New York GBL § 350, the third claim for relief is for breach of express warranty, the fourth claim for relief is for breach of implied warranty of merchantability, the fifth claim for relief is for fraudulent concealment, the sixth claim for relief is for medical monitoring and the seventh claim for relief is for unjust enrichment.

 

In the prayer for relief, the Plaintiff has requested the Court to pass a judgment declaring this action to be a proper class action and certify Plaintiff as the representative of the Class under Rule 23 of the FRCP along with injunctive relief including monetary damages, statutory damages of $50 per transaction, and treble damages for knowing and willful violations, pursuant to N.Y. GBL § 349, punitive damages. Furthermore, the Plaintiff requested the Court for a judgment awarding Plaintiff and Class Members their costs and expenses incurred in this action, including reasonable allowance of fees for Plaintiff’s attorneys and experts, reimbursement of the Plaintiff’s expenses and any further relief as the Court may deem just and proper. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-06185

  • Filing Date:

    11/05/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Personal Property Fraud

Judge Details

Presiding Judge

Joan M. Azrack

Referral Judge

Anne Y. Shields

 

Party Details

Plaintiff

Michael Toporek

Defendant

The Procter & Gamble Company

Attorney/Law Firm Details

Plaintiff Attorneys

Jason P. Sultzer

Attorney at The Sultzer Law Group

85 Civic Center Plazasuite 200

Poughkeepsie, NY 12601

Daniel Harris Markowitz

Attorney at The Sultzer Law Group P.C.

270 Madison Avenuesuite 1800

New York, NY 10016

David Magagna

Attorney at Levin, Sedran & Berman

510 Walnut Streetsuite 500

Philadelphia, PA 19106

Mindy Dolgoff

Attorney at The Sultzer Law Group P.C.

270 Madison Avenuesuite 1800

New York, NY 10016

Defendant Attorneys

Emily Sarah Ullman

Attorney at Covington & Burling LLP

One Citycenter850 Tenth Avenue Nw

Washington, DC 20001

Gawon Go

Attorney at Covington & Burling LLP

620 Eighth Avenue

New York, NY 10018

 

Court Documents

#12

(#12) Letter MOTION to Stay Proceedings Pending JPML Decision by The Procter & Gamble Company. (Ullman, Emily) (Entered: 12/20/2021)

11 #3

Certificate of Service

11 #2

Schedule of Actions

11 #1

Brief in Support of Motion to Transfer

11 #11

Main Document

#10

(#10) NOTICE of Appearance by Emily Sarah Ullman on behalf of The Procter & Gamble Company (aty to be noticed) (Ullman, Emily) (Entered: 12/13/2021)

#9

(#9) Letter MOTION for Extension of Time to File Response/Reply as to #1 Complaint, by The Procter & Gamble Company. (Go, Gawon) (Entered: 11/24/2021)

#8

(#8) Corporate Disclosure Statement by The Procter & Gamble Company (Go, Gawon) (Entered: 11/24/2021)

#7

(#7) NOTICE of Appearance by Gawon Go on behalf of The Procter & Gamble Company (aty to be noticed) (Go, Gawon) (Entered: 11/24/2021)

#6

(#6) Summons Issued as to The Procter & Gamble Company. (Landow, Concetta) (Entered: 11/08/2021)

#5

(#5) In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Landow, Concetta) (Entered: 11/08/2021)

#4

(#4) This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Landow, Concetta) (Entered: 11/08/2021)

#3

(#3) NOTICE of Appearance by Daniel Harris Markowitz on behalf of Michael Toporek (aty to be noticed) (Markowitz, Daniel) (Entered: 11/08/2021)

#2

(#2) NOTICE of Appearance by Mindy Dolgoff on behalf of Michael Toporek (aty to be noticed) (Dolgoff, Mindy) (Entered: 11/08/2021)

1 #2

Proposed Summons

1 #1

Civil Cover Sheet

1 #1

Main Document

7 More Documents Available
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Docket Entries

  • 12/30/2021
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  • DocketORDER granting #12 Motion to Stay. For purposes of judicial ecomony as well as the fact that the Plaintiff does not object, the request for a stay of this action pending a decision from the Judicial Panel on MultiDistrict Litigation is GRANTED. Counsel are reminded that they are to submit a joint status letter within 14 days after a decision on the transfer motion is rendered. So Ordered by Magistrate Judge Anne Y. Shields on 12/30/2021. (Mucciaccio, Dina) (Entered: 12/30/2021)

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  • 12/20/2021
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  • Docket(#12) Letter MOTION to Stay Proceedings Pending JPML Decision by The Procter & Gamble Company. (Ullman, Emily) (Entered: 12/20/2021)

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  • 12/13/2021
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  • Docket(#11) NOTICE by The Procter & Gamble Company of Motion to Transfer Filed with Judicial Panel on Multidistrict Litigation (Attachments: #1 Brief in Support of Motion to Transfer, #2 Schedule of Actions, #3 Certificate of Service) (Ullman, Emily) (Entered: 12/13/2021)

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  • 12/13/2021
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  • Docket(#10) NOTICE of Appearance by Emily Sarah Ullman on behalf of The Procter & Gamble Company (aty to be noticed) (Ullman, Emily) (Entered: 12/13/2021)

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  • 11/26/2021
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  • DocketORDER granting #9 Motion for Extension of Time to File Response/Reply. The time to answer or otherwise respond to the Complaint is EXTENDED to December 31, 2021. So Ordered by Magistrate Judge Anne Y. Shields on 11/26/2021. (Mucciaccio, Dina) (Entered: 11/26/2021)

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  • 11/24/2021
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  • Docket(#9) Letter MOTION for Extension of Time to File Response/Reply as to #1 Complaint, by The Procter & Gamble Company. (Go, Gawon) (Entered: 11/24/2021)

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  • 11/24/2021
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  • Docket(#8) Corporate Disclosure Statement by The Procter & Gamble Company (Go, Gawon) (Entered: 11/24/2021)

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  • 11/24/2021
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  • Docket(#7) NOTICE of Appearance by Gawon Go on behalf of The Procter & Gamble Company (aty to be noticed) (Go, Gawon) (Entered: 11/24/2021)

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  • 11/08/2021
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  • Docket(#6) Summons Issued as to The Procter & Gamble Company. (Landow, Concetta) (Entered: 11/08/2021)

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  • 11/08/2021
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  • Docket(#5) In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Landow, Concetta) (Entered: 11/08/2021)

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  • 11/08/2021
  • DocketCase Assigned to Judge Joan M. Azrack and Magistrate Judge Anne Y. Shields. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Landow, Concetta) (Entered: 11/08/2021)

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  • 11/08/2021
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  • Docket(#4) This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Landow, Concetta) (Entered: 11/08/2021)

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  • 11/08/2021
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  • Docket(#3) NOTICE of Appearance by Daniel Harris Markowitz on behalf of Michael Toporek (aty to be noticed) (Markowitz, Daniel) (Entered: 11/08/2021)

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  • 11/08/2021
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  • Docket(#2) NOTICE of Appearance by Mindy Dolgoff on behalf of Michael Toporek (aty to be noticed) (Dolgoff, Mindy) (Entered: 11/08/2021)

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  • 11/05/2021
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  • Docket(#1) COMPLAINT against The Procter & Gamble Company filing fee $ 402, receipt number ANYEDC-15006711 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Michael Toporek. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Sultzer, Jason) (Entered: 11/05/2021)

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