Ice Cream Buyers Denied Class Cert. In Unilever Vanilla Suit

By Dave Simpson (October 27, 2021, 10:10 PM EDT) -- A California federal judge denied certification to a proposed class of consumers who were allegedly misled by Unilever's marketing into thinking Breyers' Natural Vanilla flavor contained only natural vanilla, ruling Wednesday that the suit's central questions have not been shown to be resolvable with proof common to all proposed members.

U.S. District Judge Yvonne Gonzalez Rogers found issues with both the predominance and commonality requirements necessary for certification, but gave the ice cream buyer, Lisa Vizcarra, a chance to amend the bid for certification.

"Vizcarra has pointed to no common evidence showing that consumers understood the vanilla representations — which are...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!