MIAMI (Legal Newsline) – Bed Bath & Beyond has been granted a motion to dismiss in a class action lawsuit brought by a woman who alleges the company sold Egyptian cotton sheets that were only 10 percent cotton, rather than the 100 percent stated on the label.
The U.S. District Court for the Southern District of Florida on March 9 issued the motion to dismiss when the plaintiff failed to respond to a motion to dismiss by Bed Bath & Beyond within 14 days.
Plaintiff Anais Elibrahimi had alleged that Bed Bath & Beyond was fraudulently and deliberately misrepresented to the public in the labeling of its Egyptian cotton sheets. The plaintiff alleged that the sheets were not made with Egyptian cotton as stated on the packaging.
In the complaint, Elibrahimi said that she purchased Damask, 500 thread count, 100 percent Egyptian cotton sheets at a Bed Bath & Beyond retail store. In doing so, Elibrahimi said Bed Bath & Beyond violated the Florida Deceptive and Unfair Trade Practices Act (FDUTPA).
Bed Bath & Beyond contended “FDUTPA exempts from liability any 'retailer who has, in good faith, engaged in the dissemination of claims of a manufacturer or wholesaler without actual knowledge that it violated' FDUTPA.”
Bed Bath & Beyond also pointed out that Elibrahimi had not provided the court with any evidence that the sheets were not 100 percent Egyptian cotton, that she purchased the sheets, when she purchased them and how much she paid for the sheets.
Because Elibrahimi failed to show that Bed Bath & Beyond “had actual knowledge it was violating FDUTPA at the time that plaintiff allegedly purchased the product, plaintiff’s FDUTPA claim should be dismissed,” court documents stated.
Bed Bath & Beyond also stated Elibrahimi failed to prove that she suffered any type of harm in purchasing the sheets.
Elibrahimi alleged she suffered monetary damage from buying the sheets because Bed Bath & Beyond falsely advertised them and made false claims regarding them.