In Lanovaz v. Twinings North America, Inc., the Ninth Circuit affirmed the district court's order granting summary judgment for tea maker Twinings on a consumer's claims for injunctive relief to remove allegedly misleading labels, because the consumer testified in deposition that she would not purchase Twinings' tea again even if the company removed the labels at issue. Twinings moved for summary judgment on claims under California's Unfair Competition Law, False Advertising Law, and Consumers Legal Remedies Act, on the ground that the plaintiff lacked Article III standing to seek injunctive relief because she could not show there was a sufficient likelihood that she would again be wronged in a similar way. The district court granted Twinings' motion.

The Ninth Circuit affirmed, relying on the plaintiff's deposition testimony that "she would not purchase Twinings products again, even if the company removed the allegedly misleading labels."  The court rejected her argument that "her suit should surivive summary judgment because she stated in an interrogatory response that she would 'consider buying' Twinings products in the future." "[A] some day intention—without any description of concrete plans, or indeed even any specification of when the some day will be—does not support a finding of the actual or imminent injury that Ariticle III requires," the court explained.

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