Class Certification Denied in Matter Alleging Mislabeling

Edgeworth Economists Dr. John H. Johnson and Dr. Jesse David were retained by ZonePerfect Nutrition Company in a consumer class action alleging that ZonePerfect had misleadingly labeled its nutritional snack bars as “All-Natural Nutrition Bars.” Dr. Johnson and Dr. David analyzed issues related to class certification, including commonality of consumer characteristics, the adequacy of Plaintiffs' proposed damages models for assessing class-wide impacts, and the ascertainability of the putative class. Class certification was ultimately denied by the court.