Law360 Expert Analysis

Relying on the "rigorous analysis" of damages proof required by the U.S. Supreme Court’s Comcast v. Behrend (2013) decision, Judge Dean D. Pregerson of the Central District of California decertified a class of purchasers of POM Wonderful LLC juices. The decertification order in POM Wonderful signals further recognition by district courts of the problems of proof faced by plaintiffs attempting to establish damages in food labeling cases, particularly when the Supreme Court’s more stringent requirements for certification are applied.