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ARTICLE · 07 NOVEMBER 2014

Roadblocks To Certification Of Consumer Class Actions In B.C.?

McCarthy Tétrault
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On October 8, 2014, the B.C. Supreme Court refused to certify a proposed consumer class action relating to the sale of bottled beverages sold under the trade name "Vitaminwater" to B.C. consumers.

CanadaLitigation, Mediation & Arbitration
Alexandra Cocks
Alexandra Cocks
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On October 8, 2014, the B.C. Supreme Court refused to certify a proposed consumer class action relating to the sale of bottled beverages sold under the trade name "Vitaminwater" to B.C. consumers. 1

The plaintiff alleged that the defendants, Energy Brands Inc. and Coca-Cola Ltd., marketed Vitaminwater products in a manner which had the "capability, tendency or effect of deceiving or misleading a consumer" into concluding that Vitaminwater is a healthy beverage with a minimal amount of sugar. The plaintiff claimed that this constituted a "deceptive act or practice" in violation of the B.C. Business Practices and Consumer Protection Act ("BPCPA").

The Court refused to certify on the basis that the identifiable class, common issues and preferability requirements of the Class Proceedings Act were not made out.

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