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Post Wants Sugar Cereal Class Decertified

Tiomkin Law Offices of Elliott Tiomkin > Legal News  > Post Wants Sugar Cereal Class Decertified

Post Wants Sugar Cereal Class Decertified

Law360 (June 10, 2020, 7:45 PM EDT) — Post Foods LLC on Tuesday urged the Ninth Circuit to review a recent decision that certified a class of consumers who claim that 31 of the cereal giant’s otherwise healthy cereals mislead consumers by not highlighting their added sugar, saying their damages model is flawed.

Post told the panel that the case presents an “unusually broad” opportunity to clarify the law surrounding the Federal Rules of Civil Procedure Rule 23(b)(3), which sets the requirements for class action. The lower court failed to follow precedent that a class should not be certified based on a damages methodology that includes damages not linked…

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