Conclusion

Avoid conclusory allegations of contamination, such as claims that a product "contains microplastics" without providing specific testing information.

No privilege for hidden factual allegations; courts will not allow companies to shield underlying information from discovery.

Regulatory standards, such as FDA standards on adulteration, guide pleading standards; companies must plead specific, product-specific factual allegations.

Future testing is no substitute for current factual allegations; promises of future testing are not relevant to the plausibility of a claim.

Companies facing similar claims must emphasize the importance of concrete factual allegations at the pleading stage.

Pleading standards should be stricter, requiring plaintiffs to provide evidence supporting their claims before proceeding to discovery.

Avoid relying on privilege to shield factual allegations; concrete factual allegations are required.

The court expressed concern about the potential for abuse if plaintiffs could proceed to discovery based on unsupported allegations of contamination.

Concrete factual allegations are essential at the pleading stage to avoid vague or conclusory statements.

Companies facing similar claims must align their pleading standards with prevailing regulatory standards, such as FDA standards on adulteration.