Johnson v. General Mills, Inc.
278 F.R.D. 548
| C.D. Cal. | 2012Background
- Johnson sues for UCL and CLRA false digestive health claims about YoPlus; packaging and advertising cited as misrepresentation.
- Court certified class on common issues, including materiality and damages methods, under Rule 23.
- Wal-Mart v. Dukes clarified commonality requirements; court denied partial decertification relying on Stearns v. Ticketmaster.
- Motion to limit or decertify fourth-generation YoPlus purchasers pending related Florida case; OSC issued to show cause on inclusion.
- Fourth-generation packaging appeared Jan 2011 with probiotics and Activia comparisons but no explicit digestive health claim on packaging; website still referenced digestive health.
- Court discharged OSC finding commonality and predominance remain with fourth-generation purchasers; continued communication across packaging and marketing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether fourth-generation purchasers may remain in the class | Johnson shows common misrepresentation across generations | In absence of explicit on-package health claim, commonality/d predominance may fail | Yes; commonality and predominance preserved |
| Typicality of Johnson for fourth-generation purchasers | Johnson's claims reasonably co-extensive with fourth-gen purchasers | Johnson not a fourth-gen purchaser, may be atypical | Typical enough; Johnson's claims co-extensive with class members |
| Overall propriety of including fourth-generation purchasers in the class | Communication through ads and website sustains common issue | Message delivery varies; risk of individualized inquiries | DISCHARGED OSC; class definition remains intact |
Key Cases Cited
- Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (U.S. 2011) (clarified commonality requirements under Rule 23(a))
- Hanlon v. Chrysler Corp., 150 F.3d 1011 (9th Cir. 1998) (typicality and commonality principles in class actions)
- Consumers Union of U.S., Inc. v. Altar-Dena Certified Dairy, 4 Cal.App.4th 963 (Cal. App. 1992) (permissible relief for future purchasers; lingering impressions)
- Stearns v. Ticketmaster, 655 F.3d 1013 (9th Cir. 2011) (supports decertification considerations in UCL/CLRA actions)