Facts

Lucina Caldera filed a class action against The J.M. Smucker Co. concerning the marketing of Uncrustables and Crisco Original and Butter Flavor Shortening.

PLAINTIFF'S CONTENTIONS:
Caldera contended that the packaging of the Uncrustables and Cirsco Original and Butter Flavor Shortening products was misleading. Caldera contended that the packaging misled consumers into believing that the products were healthful, although plaintiff claimed the products contained unhealthy ingredients including trans fat and high fructose corn syrup. Caldera asserted claims for violation of the Unfair Competition Law, False Advertising Law, California Consumer Legal Remedies Act, breach of express warranty, and breach of the implied warranty of merchantability.

Result

The court denied Caldera's motion for class certification in its entirety. The motion to certify the monetary relief classes was denied with prejudice. Plaintiff's motion to certify the injunctive relief classes was denied without prejudice and the court ordered Caldera to show cause as to why certification of injunctive relief classes was warranted or even necessary given that the injunctive relief plaintiff was seeking could be pursued in her individual claim.

Other Information

Although plaintiff's motion for monetary relief classes was denied with prejudice, the court stated plaintiff could still seek an injunctive relief class under FRCP 23(b)(2).