Class Certification Denied in Matter Alleging Misrepresentations and Omissions in Packaging
An Edgeworth Economics team, led by Dr. Jesse David, was retained by WellPet LLC in a matter involving misrepresentations and omissions on the packaging of various petfood products. Dr. David analyzed issues related to class certification and Plaintiff’s proposed damages model. Class certification was denied and the decision focused on the fact that Plaintiff’s proposed damages model, which was purported to measure a “price premium”associated with the alleged misrepresentations and omissions, in fact resulted in a full refund—an outcome that was not consistent with the allegations or market realities of the products at issue. This finding echoed the issues raised by Dr. David in his report filed on behalf of Defendant WellPet.