STANDARD FOR MOTION TO DISMISS
In ruling on a motion to dismiss, the Court must view the allegations in the Complaint liberally in the light most favorable to Plaintiff. Eckert v. Titan Tire Corp., 514 F.3d 801, 806 (8th Cir. 2008) (citing Luney v. SGS Auto Servs., 432 F.3d 866, 867 (8th Cir. 2005)).
Additionally, the Court "must accept the allegations contained in the complaint as true and draw all reasonable inferences in favor of the nonmoving party."
Coons v. Mineta, 410 F.3d 1036, 1039 (8th Cir. 2005) (citation omitted).
To survive a motion to dismiss, a complaint must contain "enough facts to state a claim to relief that is plausible on its face."
Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007) (abrogating the "no set of facts" standard for Fed. R. Civ. P. 12(b)(6) found in Conley v. Gibson, 355 U.S. 41, 45-46 (1957)).
While a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a plaintiff's obligation to provide the grounds of his entitlement to relief "requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do."
Twombly, 550 U.S. at 555; Huang v. Gateway Hotel Holdings, 520 F. Supp. 2d 1137, 1140 (E.D. Mo. 2007).
In the alternative, the Eighth Circuit has held "that if a plaintiff lacks standing, the district court has no subject matter jurisdiction."
Friedmann v. Sheldon Cmty. Sch. Dist., 995 F.2d 802, 804 (8th Cir. 1993) (citing Faibisch v. Univ. of Minnesota, 304 F.3d 797, 801 (8th Cir. 2002) (stating that a standing argument implicates Rule 12(b)(1)).
In this action, Plaintiffs purport to bring a MMPA claim based solely upon their purchase of Johnson's(R) Baby Powder.
The MMPA serves as a supplement to the common-law definition of fraud.
Zmuda v. Chesterfield Valley Power Sports, Inc., 267 S.W.3d 712, 716 (Mo. Ct. App. 2008).
Its purpose is to "preserve fundamental honesty, fair play and right dealings in public transactions." Id.
As such, under the MMPA, the "act, use or employment by any person of any deception, fraud, false pretense, false promise, misrepresentation, unfair practice or the concealment, suppression, or omission of any material fact in connection with the sale or advertisement of any merchandise in trade or commerce ... is declared to be an unlawful practice."
Mo.Rev.Stat. § 407.020.1.