JPML Consolidates Wesson Oil Actions Before Multidistrict Litigation Court

The U.S. Judicial Panel on Multidistrict Litigation (JPML) has consolidated six
actions questioning the “100% Natural” claims for Wesson oil products before
a multidistrict litigation (MDL) court in California. In re: Wesson Oil Mktg. &
Sales Practices Litig., MDL No. 2291 (JPML, transfer order filed October
13, 2011). The defendant requested the transfer, and while the California,
Florida and New Jersey plaintiffs supported consolidation, they disagreed on
the transferee district. According to the court, centralization “in the Central
District of California will serve the convenience of the parties and witnesses
and promote the just and efficient conduct of this litigation.”

The court found, “All actions contain similar allegations against ConAgra and
share factual questions regarding the labeling and marketing of Wesson oils
as ‘100% Natural’ when the oils purportedly contain genetically modified
plants or organisms. Little litigation activity has occurred in the actions, which
were all filed within the past few months, and plaintiffs seek to represent
overlapping classes of consumers. Centralization will eliminate duplicative
discovery and prevent inconsistent pretrial rulings, particularly with respect to
class certification.” Additional details about two of the cases appear in Issues
400 and 401 of this Update.