Pierce-Nunes v. Toshiba Am. Info. Sys., No. CV 14-7242-DMG (KSx) (ECF No. 205) (C.D. Cal. June 23, 2016)
A California federal court declined to certify a class of purchasers of defendant Toshiba's LED‑lit LCD televisions in a case alleging that Toshiba falsely advertised the television sets as "LED TVs." Plaintiff argued that "the very name of the product itself" was deceptive, since the "references to light emitting diodes ('LEDs') refer to the light source that illuminates the LCD panel, rather than the display technology itself." The court disagreed. Noting the "lack of uniformity" in Toshiba's product packaging and advertising during the class period, the court held that many class members would not have been exposed to the LED TV representation. And "[e]ven when the packaging did not reference LCD technology, evidence in the record indicate[d] that many retailers displayed information at the point of sale or online explaining that LED TVs use LEDs to backlight an LCD television." Thus, the court held, plaintiff "will not be able to demonstrate with common proof ... that each class member had the same understanding of the product labeling, let alone relied on the LED TV label when purchasing a Toshiba-brand LED-lit LCD TV." Noting the many different influences on which consumers rely in purchasing a television, the court held that "[plaintiff] will not be able to demonstrate with common proof that the LED TV label was material to consumers' purchasing decision." View the decision.
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