Common sense bar to consumer class actions
Contrary to Voltaire’s witticism that “Common sense is not so common,” it is indeed becoming somewhat common, at least in the world of consumer class actions.
On March 18, Jim Beam filed a motion to dismiss a false advertising class action challenging the “handcrafted” designation on its bourbon labels because automated processes and machinery are involved in the distillery process. Welk v. Jim Beam, 15-0328. So far this year, California courts have disposed of three consumer class actions based on common sense grounds and Jim Beam’s motion seemingly looks to capitalize on this emerging trend.