Langan v. Johnson & Johnson Consumer Cos., No. 17-1605 (2d Cir. 2018)Annotate this Case
Johnson & Johnson appealed the district court's certification of a class of consumers who purchased baby products in an action alleging that the company violated the Connecticut Unfair Trade Practices Act (CUTPA), as well as other state consumer protection laws, when it labeled its baby products as "natural" when they were not. The Second Circuit held that, although plaintiff had Article III standing, it was not clear on the record whether the district court undertook the requisite analysis of the material differences in the state laws at issue before concluding that their similarities predominated over their differences. Therefore, the court vacated the district court's grant of certification and remanded for further proceedings.