Briseno v. ConAgra Foods, No. 15-55727 (9th Cir. 2017)
Annotate this CasePlaintiffs are consumers who purchased Wesson-brand cooking oil products labeled “100% Natural.” On appeal, ConAgra seeks to reverse the district court's certification of the class, arguing that the district court failed to require plaintiffs to proffer a reliable way to identify members of the certified classes. The court concluded that it has never interpreted Federal Rule of Civil Procedure 23 to require such a showing, and the court joined the Sixth, Seventh, and Eighth Circuits and declined to do so. The court explained that the language of Rule 23 neither provides nor implies that demonstrating an administratively feasible way to identify class members is a prerequisite to class certification, and the policy concerns that have motivated the Third Circuit to adopt a separately articulated requirement are already addressed by the Rule. Accordingly, the court affirmed the judgment.
Court Description: Class Certification. The panel affirmed the district court’s class certification in putative class actions brought against ConAgra Foods in eleven states by consumers who purchased Wesson-brand cooking oil products labeled “100% Natural” during the relevant period. Plaintiffs argued that the “100% Natural” label was false or misleading because Wesson oils are made from bioengineered ingredients that plaintiffs contend are “not natural.” ConAgra manufactures, markets, distributes, and sells Wesson products. Defendant urged reversal of the district court’s class certification because the district court did not require Plaintiff-Appellee Robert Briseno and the other named class representatives to proffer an administratively feasible way to identify members of the certified classes. The panel held that the language of Federal Rule of Civil Procedure 23 neither provides nor implies that demonstrating an administratively feasible way to identify class members is a prerequisite to class certification. The panel therefore joined the Sixth, Seventh, and Eighth Circuits in declining to adopt an administrative feasibility requirement.
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