March 30, 2011
While you were thinking about Dukes v. Wal-Mart...
The 11th Circuit recently decided Fitzpatrick v. General Mills, ordering a distrct court to broaden the class it certified. Fitzpatrick is a class action brought by plaintiffs who believe that General Mills overcharged them for "probiotic yogurts" such as Yo Plus and misled them as to any existing health benefits.
The 11th Circuit not only approved of the class action, but suggested that the class does not need to be limited to consumers who relied on statements concerning the yogurt's health benefits.