- THE MAGAZINE
- FOOD MASTER
A federal judge in California’s Northern District has partially certified a class of Arizona Iced Tea purchasers seeking to bring suit against the drink manufacturer over claims the drink is “all natural” despite containing high fructose corn syrup and citric acid. The claims were brought under the less-stringent Federal Rule of Civil Procedure 23(b)(2) in order to avoid the burden of demonstrating that members of the putative class saw and relied on the “all natural” claim in making purchasing decisions. Federal Rule of Civil Procedure 23(b)(2) precludes certification when each class member would be entitled to individualized monetary restitution. However, the judge admonished the plaintiff class for its clear primary pursuit of monetary relief rather than injunctive relief. Accordingly, the court granted class certification only for the purposes of declaratory and injunctive relief.