In Re Glaceau Vitaminwater Marketing & Sales Practices Litigation
2011 U.S. Dist. LEXIS 12665
J.P.M.L.2011Background
- This MDL consolidates three actions pending in Florida, New York, and the Virgin Islands alleging misrepresentation of Vitamin Water as healthy.
- Defendants Coca‑Cola Company and Energy Brands move for centralized pretrial proceedings under 28 U.S.C. § 1407 in EDNY.
- Plaintiffs in the EDNY action and in some tag-along actions support centralization; VI plaintiffs and some others oppose or seek remand options.
- The Panel previously denied centralization of the Ackerman case with a New Jersey action; later filings prompted reconsideration.
- Centralization aims to prevent duplicative discovery, inconsistent rulings, and conserve resources; transfer is appropriate even with non-identical classes or jurisdictions.
- The EDNY action is the most advanced and has active discovery, supporting EDNY as the transferee district.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether to centralize under §1407 in EDNY | Ackerman plaintiffs and others support centralization | VI and some others oppose or seek remands | Yes; centralization is appropriate |
| Whether EDNY is the proper transferee district | EDNY action is most advanced and suitable | Other districts are less suitable | EDNY is the most appropriate transferee |
| Whether remand of any claims/actions should occur before/after transfer | Remand may be appropriate for some actions | Remand should be decided by transferee court with efficiency in mind | Remand procedures remain available; not decided at this time |
| Whether VI plaintiffs should be allowed to pursue remand in Virgin Islands court | VI claims raise local issues; remand possible | Remand should be decided by transferee court | VI remand option preserved; transfer court may handle remand process |
Key Cases Cited
- In re Gadolinium Contrast Dyes Prods. Liab. Litig., 536 F. Supp. 2d 1380 (J.P.M.L.2008) (flexible transfer standard; not require identical issues)
- In re Ivy, 901 F.2d 7 (2nd Cir. 1990) (remand procedures after transfer)
- In re Prudential Ins. Co. of Am. Sales Practices Litig., 170 F. Supp. 2d 1346 (J.P.M.L.2001) (remand considerations for state-related actions)
- In re National Arbitration Forum Antitrust Litig., 682 F. Supp. 2d 1343 (J.P.M.L.2010) (transferee court applies law of one or more jurisdictions)