Pom Says Dukes Dooms Nationwide False Ads Class

Law360, Los Angeles (August 13, 2012, 8:15 PM EDT) -- Pom Wonderful LLC argued Monday that certifying a nationwide class of consumers who claim ads touting pomegranate juice's health benefits were misleading would be improper under the U.S. Supreme Court's Dukes decision and instead requires potentially millions of individual inquiries.

Plaintiffs have relied on surveys to determine how many customers may have viewed the allegedly misleading advertising before purchasing the juice drink  — a form of statistical sampling criticized in the Supreme Court's landmark Dukes v. Wal-Mart Stores Inc. ruling, Pom attorney Theodore R. Scarborough of...
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