A federal court in California has refused to certify a nationwide class in litigation alleging that Fisher-Price’s Rock ‘N Play Sleeper® is defective because it has a “dangerous propensity” to grow mold. Butler v. Mattel, Inc., No. 13-0306 (U.S. Dist. Ct., C.D. Cal., order entered February 24, 2014). According to the court, the plaintiffs’ request “to have the case handled on a class basis fails because they fail to establish that any actual defect was common to the entire class. There was ample evidence in the record that the vast majority of the proposed class did not experience mold growth on the Sleeper to a degree that they saw fit to complain to Defendants or to the Consumer Product Safety Commission (CPSC).” In a footnote, the court observes that the companies claimed that they had received 600 reports of mold by the end of the class period on total sales of more than 800,000 infant sleepers. While the plaintiffs did not provide the court with evidence that the sleeper grows mold with normal use, the company’s effort to grow mold on the sleeper involved “extreme levels and duration of dampness,” the court said. Because the issue of standing “is not common to all class members and must be addressed on an individual basis,” the court found that common questions did not predominate.