Key Issue
Whether individual issues predominate in a class composed of all
purchasers of a product over a given time period, when only some of
the labels used by the product during the time period contained
allegedly fraudulent statements.1
Background
Plaintiff Matthew Marotto, a professional chef, alleged he had
been a lifetime consumer of Pringles and was particularly partial
to the "Salt & Vinegar" flavor; however, at the same
time, he rigorously insisted on purchasing food with "only
natural, high-quality ingredients."2 In 2018,
Marotto alleged he was dismayed to learn that Salt & Vinegar
Pringles contained at least two artificial flavorings, despite a
label on the can promising "No Artificial Flavors." He
brought suit on behalf of a putative class of Pringles purchasers,
asserting claims under state consumer protection statutes as well
as under several common-law theories.
