According to a news source, counsel for POM Wonderful LLC has urged federal district court Judge Dean Pregerson to decertify the nationwide class action he certified in consolidated false-advertising multidistrict litigation, arguing that the u.s. supreme Court’s decision in Comcast v. Behrend and the plaintiffs’ failure to establish a valid damages model supported the company’s request. In re POM Wonderful LLC Mktg. & Sales Practices Litig., MDL No. 2199 (U.S. Dist. Ct., C.D. Cal., motion argued March 3, 2014). Additional information about the court’s decision to certify the class appears in Issue 457 of this Update.
While the judge did not rule on the motion, he apparently expressed skepticism about whether the plaintiffs would be able to establish that class members purchased the juice for its various advertised health benefits only, rather than buying it for other reasons, such as taste, color or shelf loca- tion. He also reportedly asked whether the class certification stage was the appropriate time to consider how a potential claims process would work. See The National Law Journal, March 4, 2014.