Food For Thought: California Court Prevents Second Bit At The Apple Yogurt

Plaintiff Nicolas Torrent filed a putative class action alleging yogurt drink manufacturer, Yakult U.S.A., Inc.'s marketing and advertising claims concerning digestive health benefits were false and deceptive. Plaintiff sought to certify a statewide class action seeking injunctive relief. On January 7, the Central District of California District Court denied plaintiff's motion, holding that plaintiff lacked standing to bring such a class action because he would not suffer any future harm. Ten days later, in an attempt to suffer future harm, plaintiff purchased another Yakult yogurt drink and again moved for class certification. The district court again denied plaintiff's motion.

A California court has once again held that plaintiff, Nicolas Torrent does not have standing to force yogurt manufacturer, Yakult USA, Inc., to change its labeling/advertisements. In Torrent v. Yakult U.S.A., Inc., No. 8:15-cv-00124-CJC-JCG (C.D. Cal., March 7, 2016), Torrent brought a putative class action on behalf of California purchasers of Yakult, a yogurt drink. Plaintiff alleged that Yakult's marketing claims about digestive health benefits associated with its yogurt drink were false and likely to deceive reasonable consumers. Torrent filed a motion for class certification under Rule 23(b)(1)(A) and (b)(2). Two months ago, on January 7, the district court denied plaintiff's motion, determining that he lacked standing to pursue the injunctive relief sought.

Injunctive Relief Standing

To have standing to pursue injunctive relief in federal court, a plaintiff must demonstrate that there is "a sufficient likelihood that [he] will be wronged in a similar way" in the future. See City of Los Angeles v. Lyons, 461 U.S. 95, 111 (1983). In January, the court determined that Torrent did not meet this standard because he indicated that he never planned to buy Yakult again. Plaintiff said as much in his operative complaint and answers to interrogatories, stating: "Had I known that Yakult was...