False advertising litigation under New York’s General Business Law (“GBL”) §§ 349 and 350 is booming—especially cases accusing retailers of inflating “reference prices” on their websites to create fake discounts. But recent decisions show that success turns heavily on how a plaintiff pleads injury, not merely whether the retailer’s pricing looks suspicious. Two New York Supreme Court decisions— Jack v. The Stop & Shop Supermarket Co. LLC (Bronx County, 2025) and Willis v. Foot Locker Retail,…
