Header graphic for print
Private Surgeon General Class Action Defender

Tag Archives: class certification

California Federal Court Follows Third Circuit in Denying Class Certification Based on Lack of Receipts in Kitty Litter Case

Posted in Class Certification, False Advertising Claims

Judge Conti of the Northern District of California recently issued a decision denying class certification in a consumer class action against The Clorox Company involving claims arising from the marketing and advertising of Fresh Step cat litter (In Re Clorox Consumer Litigation, Case No. 12-00280-SC (N.D. Cal. July 28, 2014) (ECF No. 129) (“Order”)). The court… Read More

A New Dawn for California Class Actions

Posted in Class Certification

“There are three kinds of lies: lies, damned lies and statistics.”  The California Supreme Court could have been channeling Mark Twain when it rejected, emphatically, the unbridled use of statistical sampling to prove liability in a class action wage/hour case.  In a unanimous decision, California’s high court in Duran v. U.S. Bank National Association, No…. Read More

Algarin v. Maybelline: Survey Evidence of Purchaser Behavior Defeats Class Certification

Posted in Class Certification, False Advertising Claims

A recent decision by a California federal judge highlights the important role that expert testimony and evidence can play in defeating a bid for class certification. On May 12, 2014, Judge Anthony Battaglia of the Southern District of California denied a motion for class certification in a lawsuit challenging Maybelline’s allegedly false and deceptive advertising… Read More

Receiving the Benefit of the Bargain: Reconciling Judge King’s Class Certification Rulings in Forcellati and Caldera

Posted in Class Certification, False Advertising Claims, Misbranding

Within one week’s time, Judge George H. King, Chief Judge of the U.S. District Court for the Central District of California, came down on opposite sides of the class certification coin, granting class certification in Forcellati v. Hyland’s, Inc., CV 12-1983-GHK (MRWx) (C.D. Cal. Apr. 9, 2014), and denying it in Caldera v. The J.M…. Read More

Class Certification Denied in Chipotle “All Natural” Case Where Class Unascertainable from Chipotle’s Records

Posted in Class Certification, False Advertising Claims

A recent decision in the Central District of California reflects the growing trend among federal courts to deny class certification where the class is not ascertainable from the defendants’ records. Last week, U.S. District Court Judge Dale Fischer denied class certification in Alan Hernandez v. Chipotle Mexican Grill, Inc., Case No. 12-05543 DSF (C.D. Dec…. Read More

Kashi and Bear Naked Beat Back Nationwide Class Actions Brought Against “All Natural” Products

Posted in False Advertising Claims, Misbranding

On July 31, 2013 the Southern District of California refused to certify nationwide classes in nearly identical “all natural” cases brought against Kashi and its subsidiary, Bare Naked. In Astiana v. Kashi Co., Case No. 3:11-cv-01967, plaintiffs alleged that the “Nothing artificial” and “All natural” language on certain of Kashi’s product labels was misleading because… Read More

“All Natural” Suit Against AriZona Iced Tea: Class Decertified and Suit Tossed

Posted in Class Certification, False Advertising Claims, Misbranding, Motion to Dismiss

In the world of food misbranding class actions, few cases have yet made it to the merits stage.  Companies defending against these claims should accordingly take note of AriZona Iced Tea’s recent win in Ries v. AriZona Beverages USA LLC, No. 3:10-cv-01139-RS, Docket Entry 195 (N.D. Cal. Mar. 28, 2013). Challenging HFCS and Citric Acid… Read More

Comcast Corp. v. Behrend: Courts Must Assess Merits of Plaintiffs’ Damages Evidence at Class Certification

Posted in Class Certification

Yesterday, in Comcast Corp. v. Behrend, 569 U.S. __ (2013), the Supreme Court answered a looming class certification question left open by Wal-Mart Stores, Inc. v. Dukes, 564 U.S. __ (2011): whether a putative class action plaintiff must offer credible evidence of damages applicable on a class-wide basis before the district court can certify a… Read More

Repeat Customers Insufficient to Defeat Class Certification in Case Involving Joint Supplement Beverage

Posted in Class Certification, False Advertising Claims

We reported recently on a decision from the Central District of California in which the court in part denied class certification in a case against Neutrogena because of “repeat customers” of Neutrogena’s products, thus giving rise to individualized questions over whether the product worked as advertised. Last week, another court in the Central District rejected a… Read More

Repeat Customers Drive Denial of Class Certification in False Advertising Wrinkle Cream Suit

Posted in Class Certification, False Advertising Claims

Neutrogena recently defeated class certification in a case alleging violations of California’s false advertising laws and express warranty claims against the company in connection with the advertisement and sale of its wrinkle cream products.  Plaintiff alleged that Neutrogena falsely advertised its products as “clinically proven” to repair wrinkles and reduce signs of aging.  In addition to… Read More

“All Natural” False Advertising Class Certified in Arizona Iced Tea Case

Posted in Class Certification, False Advertising Claims

A federal judge in the Northern District of California has certified a California class of Arizona Iced Tea purchasers.  What is striking is that the court only certified a class for declaratory and injunctive relief and denied plaintiffs’ bid to certify a class seeking monetary restitution based on the purchase price.  Ries, et al. v…. Read More

Standing 101: Can You Be Injured by a Product You Never Bought?

Posted in Misbranding, Retailer Defenses, Standing

Common sense tells you that you can’t be injured by something you never bought.  This must be covered in Standing 101, right?  Believe it or not, this issue is being debated right now in the California consumer class action context.  Here’s what’s going on. Standing as a Threshold Issue Courts are grappling with the issue… Read More

Question of the Week: Under Prop 37, how long do companies have to bring their products into compliance with the new labeling requirements?

Posted in Class Certification, GMO

As we’ve previously discussed, Prop 37 has two important labeling components: (1) a requirement that foods made with genetic engineering are labeled as genetically engineered, and (2) a restriction on labeling genetically engineered foods and processed foods as “natural.” The language of Prop 37 suggests that each of these components has a different date on… Read More