Dunn v. Santa Fe Natural Tobacco Co.

A group of consumers of Natural American Spirit cigarettes sued the cigarette manufacturer, Santa Fe Natural Tobacco Company, alleging that the company made false and misleading representations about its cigarettes. The consumers sought certification of several classes of consumers, and the district court granted some and denied others. As to those for which it denied class certification, the court found that administrative feasibility issues weighed against a finding of Rule 23(b)(3) predominance. On appeal, Public Citizen filed an amicus brief in support of the plaintiffs. Our brief explains that ascertainability is not a certification requirement under Federal Rule of Civil Procedure 23 and that the district court’s concerns about class member identification were not a basis for denial of certification.