SEIDEN LAW WINS DISMISSAL OF FEDERAL CASE INVOLVING MOONCAKES

On November 5, 2025, Judge Orelia E. Merchant of the US District Court for the Eastern District of New York granted Seiden Law client Amoy Food Limited’s (“Amoy”) motion to dismiss an action involving alleged fraud related to mooncakes.

Amoy is a leading mooncakes manufacturer based in Hong Kong.  In the lawsuit, plaintiff May Flower International, Inc. (“May Flower”), a New York-based importer, alleged that Amoy and other defendants falsely represented that Amoy’s mooncakes were made in Hong Kong when they were (allegedly) made in mainland China. May Flower’s lawsuit included claims under the Racketeer Influenced and Corrupt Organizations Act (“RICO”) and fraud arising out of May Flower’s purchase of Amoy-branded mooncakes. May Flower alleged that the defendants, along with “gangsters,” formed an “enterprise” and committed “racketeering activities” in violation of RICO, in an attempt to extort payment for the mooncakes.

In its November 5 decision, the Court rejected May Flower’s RICO claims. The Court found that May Flower’s allegations related to a single mooncake transaction were not sufficient to form the basis of a RICO “enterprise.” The Court also found that May Flower’s claims failed to adequately allege a pattern of racketeering activity.

Having dismissed Plaintiff’s RICO claims, which represented all claims over which the Court had original jurisdiction, the Court properly declined to exercise supplemental jurisdiction over the remaining common-law fraud claims. Because May Flower had already amended its Complaint and failed to identify how the amendment would remedy its pleading deficiencies, the Court declined to grant May Flower’s request for leave to amend. Accordingly, the Court dismissed the case in its entirety.

The Seiden Law team on this matter included partners Amiad Kushner and Lauren Elliot. A copy of the Court’s decision is available here: https://ecf.nyed.uscourts.gov/doc1/123123094350.