Judge Denies Class Cert. to SkinnyGirl Margarita Class Action

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A class action lawsuit filed against the makers of SkinnyGirl Margarita and reality TV star Bethenny Frankel, alleging that the beverage was mislabeled as “all-natural,” was denied class certification Thursday by an Illinois federal judge, who said that it would be too difficult to identify the class members.

U.S. District Judge Manish Shah said that while plaintiff Amy Langerdorf did satisfy some of the criteria needed for class certification, she “has not offered any method by which the court could find out who the purchasers were.”

While Langerdorf said that “class membership can be verified by the dates of purchase, the locations of retail establishments, the frequency of purchases, the quality of purchases, and the cost of purchase . . . [she] does not offer any showing that this can be done.”

“For example, plaintiff provides no evidence that any records exists that show who purchased the offending product, when or where,” Judge Shah continues.

Because, as Skinnygirl Margarita had argued, the beverage was not sold to the customer directly, “the burden is on the plaintiff to demonstrate that the class can be identified, and plaintiff has failed to meet this burden.”

In addition, Judge Shah did not find that the adequacy of representation requirement had been satisfied.

Skinnygirl Margarita had argued that there is “an apparent personal relationship between Langendorf and lead counsel.”

Langendorf’s attorney had allegedly not only been recommended by her father, but her father, who is also an attorney, has a professional relationship with the attorney, whom he has “acted as co-counsel in at least five putative class action lawsuits.”

“Indeed, the father’s name and contact information appeared in the signature block of written discovery responses in this case (and no one has explained why),” Judge Shah explains.

“Further, counsel has brought other class action suits in which the named plaintiffs were members of Langendorf’s family,” he adds.

For these reasons the Illinois federal judge says that “this causes genuine concern about conflicts of interest,” on top of the fact that the “plaintiff’s reply brief largely ignores the issue.”

The Skinnygirl Margarita class action lawsuit was filed by Langerdorf in 2011 against Skinnygirl maker Beam, Frankel and SGC Global LLC, alleging that the “pre-mixed alcoholic beverage, contains the non-natural preservative sodium benzoate, and thus the text ‘all natural’ on the label is false and misleading,” Judge Shah explained.

Frankel, who appeared on the reality TV show, “Real Housewives of New York City,” had helped create and promote the beverage before it was sold to Beam in 2011.

Langendorf’s charges against Skinnygirl Margarita and Frankel include violations of the Illinois Consumer Fraud and Deceptive Business Practices Act, breach of express and implied warranties, breach of contract, unjust enrichment, and promissory estoppel theories.

She was looking to certify a class of anyone in the state of Illinois who bought Skinnygirl Margarita from March 1, 2009 to the date when the notice would have been sent out, if the class had been certified.

Langendorf is represented by Larry D. Drury.

Frankel is represented by Christopher T. Sheehan and Richard J. Keating Jr. of Swanson Martin & Bell LLP, and Howard Weitzman and Laura D. Castner of Kinsella Weitzman Iser Kump & Aldisert LLP.

Beam is represented by Donald I. Strauber and Mary T. Yelenick of Chadbourne & Parke LLP.

The Skinnygirl All-Natural Class Action Lawsuit is Langendorf v. SkinnyGirl Cocktails LLC et al., Case No. 1:11-cv-07060, in the U.S. District Court for the Northern District of Illinois.