From a Courthouse News report of new filings in February:
Frank O_____, an individual, on behalf of himself and all others similarly situated, v. The Dial Corporation [et al.] No. 3:12-cv-361 (S.D. Cal. filed Feb. 9, 2012)
Class action complaint for violations of California Consumer Legal Remedies Act and the California Unfair Competition Law. The defendants have falsely marketed and sold their soap product line "Dial For Men Magnetic Attraction Enhancing Body Wash" as having "pheromones in them to attract women."
One of the requirements for certifying a class action is "numerosity," which just means you have enough people in the alleged class (generally at least 100) that it might actually be more efficient to have a group action. Usually this is easily met. Here, though, you have to wonder how big a class could be if the definition limits it to:
- who use soap
- but can't get a date
- and decide the problem is, it's the wrong kind of soap
- then get all excited about "pheromones"
- but still can't get a date
- and are willing to admit to all the above in a publicly filed document.
We know there are at least two such people, because according to the docket this case has been consolidated with a similar one (No. 3:12-cv-288) that was already pending in the same court. A motion to dismiss both cases is currently pending, but even if that fails, this one ain't getting certified.
I remember spotting a case in which a woman had sued claiming that she bought a "male enhancement" product for her husband but was very disappointed with the results. Always wondered how her husband felt about making that part of the public record.