Sethavanish v. ZonePerfect Nutrition Co., 12cv2907 (N.D. Cal.): The court denied class certification in a putative class action based on defendant’s alleged misuse of the phrase “All-Natural Nutrition Bars” on its products, where the products contain allegedly “synthetic” ingredients.  Plaintiff alleged that she purchased the bars for her husband and that she would have purchased other, less expensive bars, had she been aware of the alleged synthetic ingredients.  The court ruled that plaintiff had failed to establish that the proposed class was ascertainable because defendant sells predominantly to retailers, not directly to consumers, and there were no records to identify which consumers purchased the accused bars.  The court expressly adopted the reasoning of the Third Circuit’s Carrera v. Bayer Corp. decision on ascertainability, where class certification was denied on the same grounds.  Order.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Charles Sipos Charles Sipos

Charles Sipos is a class action litigator with more than two decades of experience focusing on technology, consumer goods, and privacy issues.

He litigates class actions nationwide and has appeared and argued on behalf of defendants in federal courts, including in California, Colorado…

Charles Sipos is a class action litigator with more than two decades of experience focusing on technology, consumer goods, and privacy issues.

He litigates class actions nationwide and has appeared and argued on behalf of defendants in federal courts, including in California, Colorado, the District of Columbia, Florida, Illinois, New Jersey, New York, Massachusetts, Minnesota, Oregon, Washington, and the U.S. Courts of Appeals for the Second, Seventh, Ninth, and Eleventh Circuits. Charles’ litigation successes have included dismissals and summary judgment based on lack of Article III injury, statutory standing under consumer protection laws, federal preemption, primary jurisdiction, failure to allege damages, First Amendment protection for commercial speech, the “reasonable consumer” standard, and related defenses.