United States Third Circuit

The certification of a class of consumers who purchased defendant's One-A-Day WeightSmart diet supplement in Florida is vacated and remanded, where: 1) the class in not ascertainable under the analysis set forth in Marcus v. BMW of North America, LLC; but 2) because Marcus was decided after the district court's certification of the class, plaintiff should be allowed to conduct further, limited discovery on the issue of ascertainability and afforded another opportunity to satisfy the ascertainability requirement.

Appellate Information

• Decided 08/21/2013
• Published 08/21/2013

Judges

Court

• United States Third Circuit

Counsel