AMS survey cited in denying class certification in food additive case

Putative class actions were filed in several states involving allegedly deceptive advertising for a particular food additive. In a Florida case alleging false advertising for this product, the judge cited the results of a survey conducted by Applied Marketing Science, Inc. (AMS) in his order denying class certification. And in California, the judge denied class certification and cited the same survey in her finding that the plaintiff had failed “to meet either the community of interest requirement” or “the predominant common issue requirement” of California law.