Arleen Cabral v. Supple LLC

MEMORANDUM

Supple, LLC appeals the district court’s order certifying a class of purchasers of a dietary supplement sold by Supple in liquid and powder form (“the Beverage”). We vacate and remand.

The Beverage contained glucosamine hydrochloride and chondroitin sulfate as well as other ingredients, including vitamins and minerals. The certified class is “[a]ll persons residing in the State of California who purchased [the Beverage] for personal use and not for resale since December 2, 2007.” Cabral asserted that Supple had made misrepresentations to herself and the other members of the class in violation of a number of California statutes: California’s Unfair Competition Law (“UCL”), California’s False Advertising Law (“FAL”), and California’s Consumer Legal Remedies Act (“CLRA”). The district court determined that Cabral had met the prerequisites for class certification as a class in which “questions of law or fact common to class members predominate over any questions affecting only individual members.” The district court declared that the common issue which predominated was whether Supple had misrepresented to the class members that “the Beverage is clinically proven effective…