Judge Denies Class Cert. Bid In BPA Baby Bottle MDL

Law360, New York (July 5, 2011, 4:30 PM EDT) -- A Missouri federal judge on Tuesday refused to certify three multistate classes in multidistrict litigation against Gerber Products Co. and others over the use of bisphenol A in baby bottles, but left the door open for single-state class certification.

In refusing the consumer plaintiffs' class certification bid, U.S. District Judge Ortrie D. Smith rejected their attempt to group classes together based on consumers who had bought baby bottles and sippy cups made by the defendants in states that had similar consumer protection statutes.

“There are many...
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