Waffle Fraud Plaintiffs File Motion to Certify Nationwide Class
Consumers who sued the company that makes Van’s brand frozen waffles and a number of retailers, alleging that the calorie and nutrition information on the packaging did not accurately reflect what was in the products, have filed a motion to certify a nationwide class. Hodes v. Van’s Int’l Foods, No. 09-01530 (C.D. Cal., motion filed June 15, 2009). Additional information about the complaint appears in issue 295 of this Update.
According to the motion, the defendants have filed motions to dismiss since the suit was filed in March 2009, and thus, no discovery has taken place. The named plaintiffs discuss how their complaint fulfills class certification requirements, contending that all class members were injured in the same way, that is, “they purchased Van’s waffles products in the belief that the waffles had the nutritional value represented by the labeling.”
The plaintiffs argue that no conflicts of laws issues arise because they are suing under California law; they cite cases that purportedly allow a nationwide class action for fraud to be maintained “where the misrepresentations at the core of the claims emanated from California.” They also assert that “class members do not need to prove individual reliance on the misrepresentations for any cause of action,” because claims under California’s Business & Professions Code are assessed under a “reasonable consumer” standard and do not require proof that “each individual plaintiff or class member was deceived.”
Should the court choose not to certify a nationwide class, the plaintiffs request, in the alternative, that the court reform the class to certify only those plaintiffs “who purchased Van’s waffles in California.”
