Emergen-C Maker Fights Off Class Cert. In False Ad Action

Law360, New York (February 28, 2012, 3:25 PM EST) -- A California federal judge on Monday denied class certification to a group of plaintiffs who claimed Alacer Corp., the maker of Emergen-C drink mix, had falsely advertised that the concoction would boost people’s immune systems, ruling the proposed class was too diverse.

The class would have consisted of members from all 50 states and would have created an “unmanageable morass of divergent legal issues,” U.S. District Judge Cormac J. Carney said.

Because states have different laws relating to the claims in the lawsuit — namely false...
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