Class Certification Denied In Chipotle "All Natural" Case Where Class Unascertainable From Chipotle’s Records

A recent decision in the Central District of California reflects the growing trend among federal courts to deny class certification where the class is not ascertainable from the defendants' records.

Last week, U.S. District Court Judge Dale Fischer denied class certification in Alan Hernandez v. Chipotle Mexican Grill, Inc., Case No. 12-05543 DSF (C.D. Dec. 2, 2013), an "all-natural" suit against Chipotle. The plaintiff alleged that Chipotle's in-store signs and menus falsely advertised its meats as "naturally raised" when, in fact, many Chipotle restaurants served conventionally raised meats at various times throughout the proposed class period. The plaintiff also contended that Chipotle's point-of-purchase (POP) signs, which publicized supply shortages of naturally raised meats, insufficiently informed customers that certain stores served conventionally raised meats.