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...

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