Product Liability & Toxics Law News

Barilla Oversized Pasta Box Class Deal Undone by Second Circuit

July 8, 2020, 4:13 PM

A class settlement calling for pasta maker Barilla America Inc. to modify pasta boxes but providing no money for class members allegedly duped by oversized packaging was upended Wednesday by the Second Circuit.

The settlement class wasn’t certifiable because the class members—past purchasers—aren’t likely to encounter the future harm that makes injunctive relief appropriate, the U.S. Court of Appeals for the Second Circuit said.

The court agreed with objector Adam E. Schulman that the district court erred in approving the settlement because not all class members stand to benefit from its injunctive relief.

Alessandro Berni and three others alleged Barilla’s...

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