Fitzpatrick v. General Mills, Inc.

FAY, Circuit Judge:

This is an interlocutory appeal from the district court’s grant of class certification. The Appellee, Julie Fitzpatrick (“Fitzpatrick”), alleges that the Appellants, General Mills, Inc. and wholly-owned subsidiary Yoplait USA, Inc. (collectively, “General Mills”), violated the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”), Fla. Stat. § 501.201 et seq., and breached an express warranty by making false and misleading claims about the digestive health benefits of YoPlus yogurt. On appeal, the Appellants contend that individualized issues predominate over common…