19.  Ms. Fishman-Palmer also seeks to represent a subclass defined as all Class  members who purchased Coleman Bands in New York (the “New York Subclass”).   20.  Numerosity.  Members of the Class and New York Subclass are so numerous that  their individual joinder herein is impracticable.  On information and belief, members of the Class  and New York Subclass number in the millions.  The precise number of Class and New York  Subclass members and their identities are unknown to Plaintiff at this time but may be  determined through discovery.  Class and New York Subclass members may be notified of the  pendency of this action by mail and/or publication through the distribution records of Defendant  and third-party retailers and vendors.   21.  Existence and predominance of common questions of law and fact.  Common  questions of law and fact exist as to all Class and New York Subclass members and predominate  over questions affecting only individual Class and New York Subclass members.  Common legal  and factual questions include, but are not limited to whether Defendant’s labeling, marketing and  promotion of Coleman Bands is false and misleading.    22.  Typicality.  The claims of the named Plaintiff are typical of the claims of the  Class and New York Subclass in that the named Plaintiff was exposed to Defendant’s false and  misleading marketing and promotional materials and representations, purchased Coleman Bands,  and suffered a loss as a result of that purchase.   24.  Superiority.  The class mechanism is superior to other available means for the  fair and efficient adjudication of the claims of Class and New York Subclass members.  Each  individual Class and New York Subclass member may lack the resources to undergo the burden  and expense of individual prosecution of the complex and extensive litigation necessary to  establish Defendant’s liability.  Individualized litigation increases the delay and expense to all  parties and multiplies the burden on the judicial system presented by the complex legal and  factual issues of this case.  Individualized litigation also presents a potential for inconsistent or  contradictory judgments.  In contrast, the class action device presents far fewer management  difficulties and provides the benefits of single adjudication, economy of scale, and  comprehensive supervision by a single court on the issue of Defendant’s liability.  Class  treatment of the liability issues will ensure that all claims and claimants are before this Court for  consistent adjudication of the liability issues.  25.  Plaintiff incorporates by reference and re-alleges each and every allegation set  forth above as though fully set forth herein.    26.  Plaintiff brings this claim individually and on behalf of members of the New York  Subclass against Defendant.    27.  By the acts and conduct alleged herein, Defendant committed unfair or deceptive  acts and practices by making false representations on the labeling of Coleman Bands.    28.  The foregoing deceptive acts and practices were directed at consumers.    30.  Plaintiff and members of the New York Subclass were injured as a result because  (a) they would not have purchased Coleman Bands if they had known that Coleman Bands were  ineffective to repel mosquitos, and (b) they overpaid Coleman Bands on account of their  misrepresentation that they “repel[] mosquitos.”    31.  On behalf of herself and other members of the New York Subclass, Plaintiff seeks  to enjoin the unlawful acts and practices described herein, to recover her actual damages or fifty  dollars, whichever is greater, three times actual damages, and reasonable attorneys’ fees.   32.  Plaintiff incorporates by reference and re-alleges each and every allegation set  forth above as though fully set forth herein.    33.  Plaintiff brings this claim individually and on behalf of members of the New York  Subclass against Defendant.    34.  Based on the foregoing, Defendant has engaged in consumer-oriented conduct  that is deceptive or misleading in a material way which constitutes false advertising in violation  of Section 350 of the New York General Business Law by misrepresenting on the labeling of  Coleman Bands their ability to repel mosquitos.    35.  The foregoing advertising was directed at consumers and was likely to mislead a  reasonable consumer acting reasonably under the circumstances.    36.  This misrepresentation has resulted in consumer injury or harm to the public  interest.    38.  On behalf of herself and other members of the New York Subclass, Plaintiff seeks  to enjoin the unlawful acts and practices described herein, to recover their actual damages or five  hundred dollars, whichever is greater, three times actual damages, and reasonable attorneys’ fees.   39.  Plaintiff hereby incorporates by reference the allegations contained in all  preceding paragraphs of this complaint.   40.  Plaintiff brings this claim individually and on behalf of the members of the  proposed Class and the New York Subclass against Defendant.   41.  Plaintiff, and each member of the Class and New York Subclass, formed a  contract with Defendant at the time Plaintiff and the other Class and New York Subclass  members purchased Coleman Bands.  The terms of the contract include the promises and  affirmations of fact made by Defendant on Coleman Bands’ packaging and through marketing  and advertising, including that the product was an insect repellent that would repel mosquitoes.   This labeling, marketing, and advertising constitute express warranties and became part of the  basis of the bargain, and are part of the standardized contract between Plaintiff and the members  of the Class and New York Subclass and Defendant.   42.  Plaintiff relied on the express warranty that her Coleman Bands were an insect  repellent that would repel mosquitoes.  This express warranty further formed the basis of the  bargain, and is part of the standardized contract between Plaintiff and the members of the Class  and New York Subclass and Defendants.   44.  Plaintiff and the Class and New York Subclass performed all conditions precedent  to Defendant’s liability under this contract when they purchased Coleman Bands.   45.  Defendant breached express warranties about Coleman Bands and their qualities  because Defendant’s statements about Coleman Bands were false and Coleman Bands do not  conform to Defendant’s affirmations and promises described above.   46.  Plaintiff and each of the members of the Class and New York Subclass would not  have purchased the Coleman Bands had they known the true nature of Coleman Bands,  specifically that Coleman Bands do not repel mosquitoes.   47.  As a result of Defendant’s breaches of express warranty, Plaintiff and each of the  members of the Class and New York Subclass have been damaged in the amount of the purchase  price of Coleman Bands and any consequential damages resulting from the purchases.   48.  On November 8, 2019, prior to filing this action, Defendant was served with a  pre-suit notice letter that complied in all respects with U.C.C. §§ 2-313, 2-607.  Plaintiff’s  counsel sent Defendant a letter advising them that they breached an express warranty and  demanded that they cease and desist from such breaches and make full restitution by refunding  the monies received therefrom.  49.  Plaintiff hereby incorporates by reference the allegations contained in all  preceding paragraphs of this complaint.   51.  As discussed above, Defendant provided Plaintiff and Class and New York  Subclass members with materially false or misleading information about the Coleman Bands.   Specifically, Defendant marketed Coleman Bands as an insect repellent that repels mosquitoes.   As indicated above, however, these representations are false and misleading as Coleman Bands  do not repel mosquitoes.     52.  The misrepresentations and omissions of material fact made by Defendant, upon  which Plaintiff and Class and New York Subclass members reasonably and justifiably relied,  were intended to induce and actually induced Plaintiff and Class and New York Subclass  members to purchase Coleman Bands.   53.  The false and misleading representations and omissions were made with  knowledge of their falsehood.  Defendant is a top distributor of outdoor recreation products in  the United States who is undoubtedly aware of the studies finding that Coleman Bands and other,  similar mosquito wristbands do not work.  Nonetheless, Defendant continues to sell its  ineffective and worthless Coleman Bands to unsuspecting consumers.    54.  The fraudulent actions of Defendant caused damage to Plaintiff and Class and  New York Subclass members, who are entitled to damages and other legal and equitable relief as  a result.   55.  As a result of Defendant’s willful and malicious conduct, punitive damages are  warranted.  56.  Plaintiff hereby incorporates by reference the allegations contained in all  preceding paragraphs of this complaint.   58.  Plaintiff and the Class and New York Subclass conferred a benefit on Defendant  in the form of monies paid to purchase Defendant’s Coleman Bands.   59.  Defendant voluntarily accepted and retained this benefit.   60.  Defendant has been unjustly enriched in retaining the revenues derived from  Plaintiff’s and Class and New York Subclass members’ purchases of Coleman Bands.  Retention  of those monies under these circumstances is unjust and inequitable because Defendant  misrepresented that Coleman Bands “repels mosquitoes.”   61.  Because Defendant’s retention of the non-gratuitous benefits conferred on it by  Plaintiff and Class and New York Subclass members is unjust and inequitable, Defendant must  pay restitution to Plaintiff and the Class and New York Subclass members for their unjust  enrichment, as ordered by the Court.  Breach Of Express Warranty  (On Behalf Of The Class And New York Subclass)   Fraud  (On Behalf Of The Class And New York Subclass)   Unjust Enrichment  (On Behalf Of The Class And New York Subclass)   Violation Of New York General Business Law § 349  (On Behalf Of The New York Subclass)   Violation Of New York General Business Law § 350  (On Behalf Of The New York Subclass)  