The Court concluded that because the drink sold for less than $3, purchasers were therefore unlikely to retain their receipts or other records of such purchases. “The Court finds that the Proposed Class is not clearly ascertainable since the class may not be ascertained on the basis of objective criteria.” Zloch said the plaintiffs’ proposed method of establishing membership in the class through a nationwide notice program and a third-party administrator was inadequate because purchasers were unlikely to hold on to their receipts or remember how many bottles of the supplement they had purchased. The plaintiffs proposed an extensive notice plan (using major media outlets and targeted notices posted at the retailers who sold the drink) coupled with an “experienced third-party class administrator” to weed out false claims, claiming that “ny purported “administrative difficulties of establishing members of the class and providing appropriate notice do not negate the overall superiority of the instant class action over the alternative of piecemeal litigation.”ĭenying plaintiffs’ motion to certify, U.S.
The Court noted that ascertainability was a “threshold” requirement, such that the plaintiff must be able to demonstrate that the proposed class members “can be ascertained by objective criteria” that is “administratively feasible” with few “if any, individual inquiries.” concealed the dangerous side effects of its Redline Xtreme energy drink, and attempted to certify a class composed of all purchasers of the approximately $3 drink since 2008. 0:12-cv-62086, that Vital Pharmaceuticals Inc. By on MaPosted in Consumer class actions, Recent consumer products case lawĪ Florida federal judge refused to certify a nationwide class of purchasers of Redline Extreme Energy Drink stating that the class lacked ascertainability (a topic we have previously addressed on this blog).
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