Kumar v. Salov North America Corp., No. 4:14-cv-2411 (N.D. Cal.):  The Court granted Plaintiff’s motion for class certification in this action alleging Defendant uses inferior bottles for its extra virgin olive oil and falsely markets its oil as “Imported from Italy” when the olives are not grown or pressed in Italy.  …
Continue Reading Class Certification Granted in Olive Oil Suit

Torrent v. Yakult U.S.A., Inc., No. 8:15-cv-00124 (C.D. Cal.): The Court denied Plaintiff’s renewed motion for class certification in this putative class action alleging violations of California’s UCL based on the claim that Defendant falsely represents that its probiotic beverages (“Yakult”) are beneficial to digestive and immune system health, despite contradictory scientific evidence.

The…

Khasin v. R.C. Bigelow Inc., No. 3:12-cv-2204 (N.D. Cal.): The Court denied Plaintiff’s motion for class certification in this putative class action asserting violations of California’s UCL, CLRA, and FAL, and raising a claim for unjust enrichment.  Plaintiff’s fourth amended complaint accuses Defendant of making unlawful health, nutrient content, and antioxidant claims on the packaging of its tea products.

The Court declined to certify a class under Rule 23(b), finding Plaintiff lacked standing because it was unlikely that he would be harmed by the product in the future.  United States District Judge William H. Orrick found Plaintiff’s allegation that he “would consider” purchasing Bigelow tea in the future if the company complied with California law fell short of the standard for demonstrating a future intent to purchase the products.  The Court also found Plaintiff had not established a likelihood that he would suffer the same injury alleged in the future.
Continue Reading Court Denies Plaintiffs’ Bids for Class Certification in Suits Alleging Tea Company Made Improper Antioxidant Claims

Torrent v. Yakult U.S.A., Inc., No. 8:15-cv-00124 (C.D. Cal.): The Court denied Plaintiff’s motion for class certification in this putative class action alleging that Defendant falsely represents that its probiotic beverages are beneficial to digestive and immune system health, despite contradictory scientific evidence.  The Court found that the sole named Plaintiff lacked Article…

Suchanek v. Sturm Foods, Inc. et al., No. 3:11-cv-565 (S.D. Ill.): In a putative class action alleging violations of eight states’ consumer protection statutes, claiming that Defendants falsely represent that their Garden Square coffee products (“GSC”) are made of freshly ground coffee, when they are, in fact, instant, the Court denied Defendants’ motion for reconsideration of class certification.
Continue Reading Court Denies Defendant’s Motion for Reconsideration in False Advertising Suit Involving Coffee Pods

Kosta v. Del Monte Corp., No. 4:12-cv-01722 (N.D. Cal.): For the third time, the Court denied class certification in this national class action raising claims under California’s UCL, FAL and CLRA. Plaintiffs allege that Defendant’s tomato products — which feature labels making antioxidant claims and statements that the products are a “natural source” of…

Cabral v. Supple LLC, No. 5:12-CV-00085 (9th Cir.): The Ninth Circuit vacated class certification and remanded this putative class action asserting claims under California UCL, FAL, and CLRA based on claims that defendant deceptively markets its nutritional beverage as effective at treating joint pain when they are not. The court determined that there was…