Drake v. Bayer Healthcare LLC
On April 21, 2026, a partially divided Ninth Circuit panel affirmed a trial court certification decision that failed to require common proof of class-wide harm. The decision was a disappointment for WLF, whose amicus brief argued that no-injury class actions distort the civil-justice system and encourage meritless litigation. The named plaintiffs here accused the defendant of falsely labeling its multivitamins as “natural.” But they failed to show in one stroke that all consumers were misled or harmed. Despite this, the district court certified the class without evidence of class-wide injury and the Ninth Circuit affirmed.
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