Antitrust Law Daily Wrap Up, ADVERTISING—NDCal: Class Representative Cannot Bring Claims on Based on Products She Did Not Purchase, (Jun 12, 2013)

By Jody Coultas, J.D.

The federal district court in San Jose declined to certify California consumer protection claims filed by a class of juice purchasers against Ocean Spray Cranberries, Inc. for allegedly mislabeling and misbranding its juice products (Major v. Ocean Spray Cranberries, Inc., June 10, 2013, Davila, E.).

Ocean Spray allegedly falsely represented that its products were free from artificial colors, flavors, and preservatives, were healthy, and were a source of an antioxidant or nutrient. The purchaser alleged that the juices were made with artificial ingredients and did not contain qualifying nutrients or the represented antioxidants. Labels that stated there was “no sugar added” to the juices were also allegedly deceptive.

Because the purchaser’s claim was not typical of those of the proposed class members, the court declined to certify the class. Federal Rule of Civil Procedure 23(a)(3) required the purchaser to show that her claims were typical of those that would be advanced by the proposed class. Typicality depends on whether the injuries are the same, whether the action was based on conduct that was not unique to the named plaintiff, and whether other class members were injured by the same course of conduct. The proposed classes were too broad and indefinite to be certified because they included claims based on products the purchaser did not buy.

Generally, a purchaser cannot assert claims on behalf of class based on products the purchaser did not buy personally. Here, the purchaser bought five products, but the claims included entire lines of products. The court also noted that the nutrition and labeling claims on each product may be unique to that product and might not have any applicability to other products in the same line. Therefore, the class could not be certified.

The case is No. 5:12-CV-03067 EJD.

Attorneys: Ben F. Pierce Gore (Pratt & Associates) for Noelle Major. Ricky Lynn Shackelford (Greenberg Traurig, LLP) for Ocean Spray Cranberries, Inc.

Companies: Ocean Spray Cranberries, Inc.

Cases: Advertising StateUnfairTradePractices CaliforniaNews