Ninth Circuit And "Ascertainability": No "Administratively Feasible" Method Of Identifying Class Members Required

On January 3, 2017, the Ninth Circuit affirmed a district court's decision to grant class certification, finding that, at the class certification stage, Rule 23 does not require plaintiffs to demonstrate that there is an administratively feasible way to determine who is in the putative class.

The Case.  Plaintiff Robert Briseno represented a putative class asserting state-law claims against ConAgra in eleven states.  Plaintiff claimed that ConAgra's use of the "100% Natural" label on its Wesson-brand cooking oil products is false or misleading because Wesson oils are made from genetically modified organisms ("GMOs"), which plaintiff contends are not natural.  ConAgra opposed certification on ascertainability grounds, arguing that there is no "administratively feasible" way to identify members of the proposed class because consumers would not be able to reliably identify themselves as putative class members; for example, by producing a purchase receipt.