E-Cig Users Swing, Miss With 2nd Class Cert. Effort

Law360, New York (February 3, 2016, 1:51 PM EST) -- Two consumers were denied class certification Tuesday for a second time — by a second California federal judge— in their suit accusing NJOY Inc. of falsely marketing its e-cigarettes as a safe alternative to tobacco, failing again to show that they could calculate damages on a classwide basis.

Nearly one month after taking the case due to another judge's retirement, U.S. District Judge John F. Walter reached the same conclusion his predecessor reached last August, namely that the two named plaintiffs' damages expert has not been able to quantify the cost of NJOY's alleged misrepresentations.

Ben Z. Halberstam and Kathryn Thomas...

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