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Hilsley v. Ocean Spray Cranberries, Inc.

United States District Court, S.D. California

July 10, 2019

CRYSTAL HILSLEY, on behalf of herself and all others similarly situated, Plaintiff,
v.
OCEAN SPRAY CRANBERRIES, INC.; ARNOLD WORLDWIDE LLC; and DOES defendants 1 through 5, inclusive, Defendants.

          ORDER DENYING DEFENDANT'S MOTION TO DECERTIFY CLASS [REDACTED -ORIGINAL FILED UNDER SEAL] [DKT. NO. 111.]

          Hon. Gonzalo P. Curiel, United States District Judge.

         Before the Court is Defendant Ocean Spray Cranberries, Inc's (“Defendant” or “Ocean Spray”) motion to decertify class. (Dkt. No. 111.) Plaintiff Crystal Hilsley (“Plaintiff”) filed an opposition and Defendant filed a reply. (Dkt. Nos. 145, 184.) Because discovery relevant to the motion to decertify was conducted after the motion was field, the Court directed Plaintiff to file a sur-reply. (Dkt. No. 189.) Pursuant to the Court's order, Plaintiff filed her sur-reply on July 2, 2019. (Dkt. No. 192.) After a careful review of the briefs, the supporting documentation, and the applicable law, the Court DENIES Defendant's motion to decertify class.

         Background

         In November 2017, Plaintiff filed a consumer class action for violations of California consumer protection laws claiming that the “no artificial flavors” labels on Ocean Spray's Products at issue are false and misleading because each Product contains the artificial flavors of dl-malic acid or fumaric acid, or both, that simulate advertised fruit flavors. (Dkt. No. 1-2, Compl. ¶¶ 8, 9, 10.) Plaintiff alleges six causes of action for violation of the Consumer Legal Remedies Act (“CLRA”), California Civil Code section 1750 et seq; violation of the unlawful prong of the Unfair Competition Law (“UCL”), California Business & Professions Code section 17200 et seq.; violation of the unfair prong of the UCL; violation of California's False Advertising Law (“FAL”), breach of express warranty and breach of implied warranty. (Id. ¶¶ 115-187.)

         On November 29, 2018, the Court granted in part Plaintiff's motion for class certification and appointed class counsel. (Dkt. No. 83.) The Court certified a Class under Federal Rule of Civil Procedure (“Rule”) 23(b)(2) and also certified a Class under Rule 23(b)(3) as to the UCL, FAL and CLRA causes of action consisting of:

         All California Citizens who purchased one of the following Ocean Spray Products, for personal and household use and not for resale, in California from January 1, 2011 until the date class notice is disseminated:

• Ocean Spray Cran Apple;
• Ocean Spray Cran Grape;
• Ocean Spray “100% Apple” Juice Drink;
• Ocean Spray Cran Rasberry;
• Ocean Spray Wave Apple with White Cranberries;
• Ocean Spray Wave Berry Medley;
• Ocean Spray Cran Cherry;
• Ocean Spray Cran Pineapple;
• Ocean Spray Cran Pomegranate;
• Ocean Spray Diet Cran Pomegranate;
• Ocean Spray Diet Cran Cherry;
• Ocean Spray Cranberry Cherry Flavor 100% Juice.
Excluded from the Class are Defendants' current and former officers and directors, members of the immediate families of Defendants' officers and directors, Defendants' legal representatives, heirs, successors, and assigns, any entity in which Defendants have or had a controlling interest during ...

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