David Spacone v. Sanford L.P.

The Situation

In November 2017 David Spacone filed suit against the makers of Krazy Glue, alleging that the product packaging led him to believe that the package contained more adhesive than it actually did, in violation of California’s Fair Packaging and Labeling Act and other California statutes. On March 18, 2018, Mr. Spacone filed a Motion for Class Certification in the matter.

NERA's Role

NERA Managing Director Sarah Butler evaluated consumer perceptions of Krazy Glue products and packaging using a double-blind survey of California consumers who purchased cyanoacrylate adhesive in the last five years. Ms. Butler’s study led the court to conclude that the proposed class is not ascertainable, revealing that the vast majority of potential class members are repeat customers of Krazy Glue and that most respondents do not consider the amount of adhesive provided to be an important consideration when purchasing this type of adhesive.

The Result

Relying on Ms. Butler’s survey report, on August 9, 2018 US District Court Judge André Birotte ruled that the Plaintiff failed to provide the Court with an ascertainable class and denied the Motion for Class Certification.