Class Definition in Yo-Plus® Litigation Redefined on Remand

A federal court in Florida has redefined a plaintiffs’ class in deceptive advertising litigation against the company that claims its Yo-Plus® yogurt provides digestive health benefits. Fitzpatrick v. General Mills, Inc., No. 09-60412 (S.D. Fla., order entered December 2, 2011). While the Eleventh Circuit Court of Appeals upheld the class certification decision, it remanded the case for the lower court to redefine the class to omit any reference to plaintiffs’ reliance on company claims, which reliance need not be proved under the Florida Deceptive and Unfair Trade Practices Act. Additional information about the Eleventh Circuit ruling appears in Issue 388 of this Update. The class will now be defined as “all persons who purchased Yo-Plus in the State of Florida until the date notice is first provided to the class.”