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No Class Certification in Del Monte Case

Food & Consumer Packaged Goods Litigation

No Class Certification in Del Monte Case

Kosta v. Del Monte Corp., No. 12cv1722 (N.D. Cal.) The court denied plaintiffs' motion for class certification without prejudice in a putative class action alleging that more than a dozen Del Monte products were wrongly labeled as "all natural" (but contained synthetic ingredients and processing) and "fresh" (but contained pasteurized products or preservatives) and were mislabeled related to serving size.  The court based its order on the fact that plaintiffs had stipulated to narrowing the scope of the claims against defendant, rendering much of the evidence and arguments in the class certification briefing unhelpful or irrelevant.  Order.

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