No Tea Time For Class Action Plaintiffs: Class Certification Denied For Bigelow Green And Black Tea Drinkers

Northern District of California Judge William Orrick recently denied class certification in two food misbranding class actions challenging antioxidant claims for Bigelow green and black teas. Khasin v. R.C Bigelow Inc., Case No. 12-cv-02204-WHO (N.D. Cal. March 29, 2016) (green tea) and Victor v. R.C Bigelow Inc., Case No. 13-cv-02976-WHO (N.D. Cal. March 29, 2016) (black tea). Consistent with many courts in this District, Judge Orrick rejected plaintiffs' damages model and found that they failed to establish an entitlement to injunctive relief.

No Viable Damages Model.  Plaintiffs offered three damages models to certify a Rule 23(b)(3) class: (1) restitution; (2) statutory damages¹; and (3) a nominal alternative. The court rejected all three models. The court first found that plaintiffs' restitution calculation was not viable because, rather than relying on the Ninth Circuit's accepted "price premium" method, plaintiffs sought a full refund. Judge Orrick noted that