In This Issue:

- Recent Significant Developments and Rulings

..Class Certification Denied in Case About Coffee

..Court Dismisses Case Attacking Gerber’s Overall Marketing Message

..Court Denies Smucker’s Motion to Dismiss

- NEW FILINGS

- Excerpt from Class Certification Denied in Case About Coffee:

McManus v. Sturm Foods, Inc., No. 11cv565 (S.D. Ill): The court denied certification of a class of consumers from 9 states who alleged that the company falsely represented that its coffee products were made from fresh ground coffee, when in fact the products were “instant” or “soluble” coffee. The Court rejected state law claims that required actual reliance, finding that the proposed class definition included consumers who knew or were indifferent to the product’s coffee content, precluding certification under Alabama, New York, New Jersey, North Carolina, Illinois and South Carolina law. Under California and New Jersey law, the court declined to presume reliance because the putative class included individuals who were not exposed to the alleged representations and therefore could not claim that they were misled. In light of these shortcomings, the court found that the individualized inquiry necessary to determine causation prevented a finding of predominance and superiority.