Facts

Plaintiffs brought a class action lawsuit against The Clorox Company relating to the marketing and advertising of its product Fresh Step cat litter. Fresh Step cat liter used carbon to eliminate cat litter odors, while other cat litter products typically use baking soda. Plaintiffs were consumers of Fresh Step from the states of California, Florida, New Jersey, New York and Texas.

PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that Clorox's marketing campaign conveys that Fresh Step is more effective in eliminating cat odors than products that do not use carbon. Plaintiff's further alleged that these statements were false, misleading, and contradicted by scientific studies. Plaintiffs sought certification of five sub-classes to include all purchasers of Fresh Step after October 2010 from the states of California, Florida, New Jersey, New York, and Texas.

DEFENDANT'S CONTENTIONS:
Clorox argued that plaintiffs' motion for class certification should be denied because common issues do not predominate since most members of the proposed classes did not see the alleged misleading superiority claims.

Result

The court denied plaintiffs' motion for class certification on the grounds that the class was not ascertainable and common questions do not predominate. The court ruled that there was no administratively feasible method of determining membership for the vast majority of potential members of plaintiffs' proposed sub-classes. The court also held that plaintiffs failed to demonstrate that enough members of the proposed classes saw the allegedly misleading messages.