Bloomberg Law
Aug. 27, 2014, 9:07 PM

Class Status Won’t Be Disturbed
For Almond Milk Purchasers

Almond milk purchasers can proceed on a class basis with their claims alleging that the products’ labels stating the milk was “all natural” and included “evaporated cane juice” were misleading after the Ninth Circuit said it wouldn’t review the certification decision at this time Blue Diamond Growers v. Werdebaugh, 9th Cir., 14-80084, interlocutory review denied 8/22/14).

The Aug. 22 denial of interlocutory review means that, for now, district courts in the Ninth Circuit will remain split on how to apply the implicit ascertainability requirement for class certification in food labeling cases.

Plaintiff Chris Werdebaugh alleged in his complaint ...

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