Typically, girls want to be skinny. Is that enough to certify a
class? This week, a New York federal judge denied class certification in a case alleging
false advertising of the Skinnygirl Margarita, finding that
Plaintiff's claims fail to meet Federal Rule of Civil Procedure 23(a)'s
typicality prerequisite, and therefore, Plaintiff does not
adequately represent the proposed class. This decision may
help keep the plaintiff's bar on the rocks for a bit.
In 2009, the Skinnygirl Margarita – a low-calorie
alternative to traditional margarita mixes – was developed by
health-conscious, reality TV star, Bethenny Frankel, and her
partner David Kanbar. On September 20, 2011, Christopher
Rapczynksi brought a suit in Southern District of New York against
Skinnygirl Cocktails, L.L.C., SGC Global, L.L.C. and Beam Global
Spirits & Wine, Inc. alleging that the Defendants caused
"millions of purchasers of 'Skinnygirl Margarita' to
purchase that product under the false pretenses
