Three judges of the U.S. Court of Appeals for the Ninth Circuit appeared hesitant to “raise the bar” on how to identify potential class members in a closely watched case involving food labeling claims.
In oral arguments on Monday in a case over “100% Natural” labels on Wesson cooking oils, the panel honed in on the issue of ascertainability—a rising debate in the courts as more class actions get filed over cheap consumer goods. The circuit courts have split, beginning in 2013 with the U.S. Court of Appeals for the Third Circuit, which required plaintiffs to provide a “reliable and administratively feasible” method to identify class members. Other courts have taken a more liberal approach that it is enough for class members to sign affidavits attesting they bought the product.
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