The federal judge overseeing a putative class action alleging that the marketers of Redline Xtreme Energy Drink hid dangerous side effects, dealt the plaintiffs a serious blow last week when he refused to certify the class. The Court held that the proposed class of Redline Xtreme purchasers was not ascertainable. Among other issues, the Court noted that class members were unlikely to have kept receipts for the relatively inexpensive drink and would also have difficulty remembering whether and how much of the drink they had purchased.
Our fellow bloggers at Consumer Products Law Blog, reported on the Redline Xtreme Energy Drink matter in its post, Plaintiffs’ energy zapped in Redline Xtreme lawsuit.