Consumers Lose Cert. Bid In Tropicana OJ False Label Suit

Law360, New York (January 22, 2018, 4:39 PM EST) -- A New Jersey federal judge on Monday declined to certify a class of consumers accusing Tropicana Products Inc. of misrepresenting that its not-from-concentrate orange juice is natural, saying the reasons consumers might have bought the product are too individualized.

U.S. District Judge William J. Martini denied consumers' bid for class certification because they haven't sufficiently alleged that all of the consumers were influenced by the orange juice's claim that it was pasteurized. The allegations therefore don't meet the predominance requirement for class certification, the court said.

"As a threshold matter, plaintiffs' common law and New Jersey consumer fraud claims are plainly...

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