Class Certification

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Kosta v. Del Monte Corp., No. 12cv1722 (N.D. Cal.) The court denied plaintiffs’ motion for class certification without prejudice in a putative class action alleging that more than a dozen Del Monte products were wrongly labeled as “all natural” (but contained synthetic ingredients and processing) and “fresh” (but contained pasteurized products or preservatives) and were…

Scarola v. That’s How We Roll LLC, No. 9:14cv80983 (S.D. Fla.): Putative class action alleging claims under Florida’s Deceptive and Unfair Trade Practices Act, Magnusson-Moss, negligent misrepresentation, breach of express warranty, and unjust enrichment, claiming that the defendant misrepresents its chips as “all natural” when they contain GMO ingredients, such as white corn, corn…

Careathers v. Red Bull N. Am. Inc., No. 1:13cv369 (S.D.N.Y.): In a putative class action alleging claims under multiple state consumer protection statutes, breach of express warranty, and unjust enrichment, claiming that the defendant falsely marketed its energy drinks by suggesting that they were a superior source of energy beyond caffeine and contained functional…

In re: Quaker Oats Labeling Litig., No. 5:10-cv-00502-RS (N.D. Cal.): In a putative class action alleging various federal and state claims pertaining to the defendant’s inclusion of partially hydrogenated oils in Quaker Oats products, the court granted final settlement approval as requested and entered final judgment. We previously wrote about the preliminary settlement approval…

In re Conagra Foods, No. 2:11cv05379 (C.D. Cal.): In a putative class action alleging claims under 12 states’ consumer protection laws, as well as breach of express warranty, based on the claim that the defendants label their cooking oils as “100% Natural” when in fact they contain GMOs, the court denied plaintiffs’ motion for…

Swearingen v. Pacific Foods of Oregon, Inc., No. 13cv4157 (N.D. Cal.): In a putative class action alleging claims under California’s UCL and CLRA that the defendant’s almond milk and other products are misbranded and misleading to the extent they list ECJ as an ingredient rather than sugar, Judge Donato granted the defendant’s motion to…

Hall v. Diamond Foods, Inc., No. 14cv2148 (N.D. Cal.): In a putative class action alleging claims under California’s UCL, FAL, CLRA, and for unjust enrichment, the plaintiffs claimed that the defendant falsely labels and advertises its Kettle and Tias! chips as, among other things, “all natural,” “reduced fat,” or “40% reduced fat” when, in…

Victor v. R.C. Bigelow, Inc., No. 13cv2976 (N.D. Cal.): In a putative class action alleging claims under California’s CLRA, FAL, and UCL that the defendant’s tea products are misbranded and misleading because they make improper health claims that they “deliver[] healthful antioxidants,” Judge Orrick granted in part and denied in part the defendant’s motion…

Judges in the U.S. District Court for the Northern District of California are split on the sufficiency of damages evidence at the class certification stage. Jones v. ConAgra Foods, Inc,  No. C 12-01633 CRB, 2014 WL 2702726 (N.D. Cal. Jun. 13, 2014) is the most recent decision.  In Jones, Judge Charles R. Breyer rejected each of the plaintiffs’ three damages models (“full refund,” “price premium,” and “regression”) as incapable of showing class-wide damages under the U.S. Supreme Court’s decision in Comcast Corp. v. Behrend, 133 S. Ct. 1426, 1432 (2013).  Judge Breyer ultimately denied class certification in Jones.  By contrast, in two other cases, Judge Lucy H. Koh accepted the plaintiffs’ regression damages models and certified California classes.  Brazil v. Dole Packaged Foods LLC, No.12-CV-01831-LHK, 2014 WL 2466559 (N.D. Cal. May 30, 2014); Werdebaugh v. Blue Diamond Growers, No. 12-CV-2724-LHK, 2014 WL 2191901 (N.D. Cal. May 23, 2014).  The plaintiffs in the Jones case have filed a notice of appeal.  Dole Packaged Foods is seeking a permissive appeal in its case under Federal Rule of Civil Procedure (“Rule”) 23(f).  Thus, the Ninth Circuit will have the opportunity to weigh in on this issue.  But it likely will be several months before the Ninth Circuit issues any decision.
Continue Reading California Northern District Judges Split on Sufficiency of Damages Evidence at Class Certification – Will Ninth Circuit Weigh In?