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ARTICLE · 07 NOVEMBER 2014

B.C. Court Denies Certification Of Vitaminwater® Class Action

Osler, Hoskin & Harcourt LLP
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The British Columbia Supreme Court recently denied certification of a proposed class action regarding the labelling and marketing of vitaminwater® products.

CanadaLitigation, Mediation & Arbitration
David Morritt
David Morritt
Sonia Bjorkquist
Sonia Bjorkquist
W. David Rankin
W. David Rankin
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The British Columbia Supreme Court recently denied certification of a proposed class action regarding the labelling and marketing of vitaminwater® products. The plaintiffs offered no realistic prospect of establishing their theory of loss on a class-wide basis. The decision represents an example of courts applying meaningful scrutiny to proposed class actions.

The Decision

In Clark v. Energy Brands Inc., the plaintiff alleged that the labelling and marketing of vitaminwater® products in British Columbia misled consumers into paying premium prices. He applied for class certification, arguing that his "premium price theory" could be proven on a class-wide basis as a common issue. Justice Verhoeven disagreed and dismissed the application.

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