Court Grants Class Certification In Yo-Plus Litigation

SFMS is one of the law firms involved in the action captioned, Julie Fitzpatrick v. General Mills, Inc. and YoPlait USA, Inc., No. 09-60412, pending in the United States District Court for the Southern District of Florida. On January 11, 2010, Plaintiffs’ Motion for Class Certification was granted in part and denied in part. The decision on the Motion for Class Certification was authored by the Honorable Paul C. Huck. In this litigation, the Plaintiffs allege that, eating Yo-Plus does not provide any digestive benefits that cannot be obtained from eating normal yogurt and that General Mills’ claim to the contrary is false and misleading. The certified class consists of all persons who purchased Yo-Plus in the State of Florida to obtain its claimed digestive health benefit.

In certifying a class under Federal Rule of Civil Procedure 23(b)(2), the Court found that common issues predominate with respect to the Plaintiffs’ claim under Florida’s Deceptive and Unfair Trade Practices Act. The Court also ruled that the Rule 23(b)(3) requirement of superiority was satisfied because no individual plaintiff would litigate this case on an individual basis, given the small amount in controversy per individual plaintiff.

It is expected that within the next few months, notice will be sent out to Class Members notifying them of the Court’s decision certifying the Class.

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