AMS survey results defeat class certification in matter alleging carcinogenic effects

Potential class members claimed they had been harmed by a building materials product with possible carcinogenic properties. Applied Marketing Science, Inc. (AMS) was retained by a leading economic consulting firm on behalf of the defendant to oppose the attempt to certify the class. AMS conducted a survey of putative class members, which demonstrated substantial variability in the applications and climates where the materials had been used. Specific differences included: reasons the product was used, methods of using the product, the purchase decision process, factors influencing the product choice, and level of satisfaction with the product. The judge agreed with this analysis, denying certification primarily because the claims lacked the required typicality. He found, instead, that there were far too many individual issues to qualify as a class.


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