A federal court in California has dismissed claims filed against Kramer Laboratories, Inc. alleging that the company’s Fungi-Nail® products are falsely advertised as a cure for nail fungus; the order reportedly follows a confidential settlement between the parties and an earlier ruling denying a request for class certification. Minkler v. Kramer Labs., Inc., No. 12-9421 (U.S. Dist. Ct., C.D. Cal., order entered May 22, 2013). According to a news source, the plaintiff claimed that the product labels included photos of fungus-infected nails and healthy nails, implying that they were before-and-after pictures, while displaying a disclaimer—i.e., the product “is not effective on the scalp or nails”—in fine print on the back of each box. The court apparently denied class certification due to the plaintiff’s failure to prove the existence of an identifiable and ascertainable class, which would have included members who had derived a benefit from the products or received refunds due to the company’s money-back guarantee. See Law360, May 23, 2013.