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ARTICLE · 31 MARCH 2014

A (POM) Wonderful Result For Consumer Class Action Defendants

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The court in In re: POM Wonderful LLC granted a motion by defendant POM to decertify a previously certified class of consumers who purchased POM juice products.

United StatesLitigation, Mediation & Arbitration
Paul Seeley
Paul Seeley
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On March 25, 2014, the court in In re: POM Wonderful LLC Marketing and Sales Practices Litigation, Case No. ML 10-02199 DDP (C.D. Cal.), granted a motion by defendant POM Wonderful LLC ("POM") to decertify a previously certified class of consumers who purchased certain POM juice products.  The court granted POM's motion because plaintiff failed to present a damages model that satisfied Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), and because the class was not ascertainable.

Plaintiff alleged claims under California's Unfair Competition Law ("UCL"), False Advertising Law ("FAL"), and Consumers Legal Remedies Act ("CLRA"), alleging that defendant POM Wonderful LLC ("POM") falsely and misleadingly advertised that its juices provided various health benefits.

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