Category Archives: Commonality Requirement

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Judge Looks “Kind”ly Upon Certifying Class in Snack Bar Advertising Suit

In a recent opinion out of the Southern District of New York, Judge William H. Pauley III certified three classes of plaintiffs in New York, California, and Florida who allege that KIND LLC, the manufacturer of KIND Bars, deceptively marketed several products as “all natural” and “non-GMO,” even though they purportedly contain synthetic and genetically … Continue Reading

En Banc Ninth Circuit Reinstates and Clarifies Standard for Nationwide Class Action Settlement

By Lawrence Weinstein, Jennifer Yang and Carl Mazurek on July 18, 2019 Posted in Class Actions, Commonality Requirement, Deceptive Trade Practices

Last month, the Ninth Circuit sitting en banc affirmed, by an 8–3 vote, a nationwide class settlement of a multidistrict litigation against automakers Kia and Hyundai over alleged misrepresentations regarding certain vehicles’ fuel efficiency. In re Hyundai and Kia Fuel Economy Litigation, 15-56014 (9th Cir. 2019). The en banc decision overturned the controversial decision last … Continue Reading

Stars Fail to Align for P&G, as Supreme Court Rejects Class Certification Appeal

By Lawrence Weinstein, Alexander Kaplan and Sarah Sullivan on April 22, 2016 Posted in Ascertainable Class, Class Actions, Commonality Requirement, Deceptive Trade Practices, Typicality Requirement

Readers may recall our coverage in recent months of the challenge by Procter & Gamble (P&G) to an order certifying a multi-state consumer class in a case asserting that P&G falsely advertised its probiotic supplement Align. Last August, a divided panel of the Sixth Circuit affirmed class certification. In October, the Sixth Circuit stayed its … Continue Reading

With Circuits Mis-Aligned, Sixth Circuit Stays Class Certification Pending Appeal

By Lawrence Weinstein and Sarah Sullivan on November 17, 2015 Posted in Class Actions, Commonality Requirement, Deceptive Trade Practices, Typicality Requirement

As our readers may remember, Procter & Gamble (“P&G”) stomached a loss last August when the Sixth Circuit affirmed certification of a false advertising class action regarding P&G’s Align probiotic supplement. But on October 27, the Sixth Circuit stayed its decision pending P&G’s petition for certiorari to the Supreme Court. As discussed below, P&G contends … Continue Reading

Out of Align-ment: Sixth Circuit Affirms Class Certification in Probiotics Case

By Lawrence Weinstein, Alexander Kaplan and John Browning on September 11, 2015 Posted in Class Actions, Commonality Requirement, Deceptive Trade Practices, Typicality Requirement

A recent Sixth Circuit decision that affirmed certification of a multi-state consumer class action asserting false advertising claims concerning Align – a Proctor & Gamble probiotic product promising digestive health benefits – has left us with an uneasy feeling in the pit of our stomachs. In Rikos v. P&G, the judge writing the opinion of … Continue Reading

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