“Why Class Cert Is Unlikely in Cases Like Mattel ‘Wicked’ Suit,” Law360

In an article featured in Law360, Partner Alex Smith discusses the recently proposed class action, Holly Ricketson v. Mattel Inc. in the US District Court for the Central District of California and how it highlights the uphill battle plaintiffs face in certifying a class in such cases. The matter involves mislabeled children's dolls featuring characters from the movie Wicked.

Read More

In the article, Alex analyzes the case in which a parent claims that after purchasing the Wicked-themed doll for her daughter, she discovered the packaging included a link to an adult website, rather than the movie’s website, wickedmovie.com.

“Even if the plaintiff's lawsuit survives a motion to dismiss, certifying a class will not be as easy as clicking one's heels three times. To the contrary, the plaintiff will likely face steep obstacles if and when she seeks to certify a class,” Alex writes.

“When a case involves an obviously false or straightforwardly misleading statement on the front of a package, it may be relatively easy to certify a class. But when a plaintiff's claims require individual inquiry into whether the alleged mislabeling affected consumers' purchasing decisions or caused each consumer any injury, or when that alleged injury is not easy to quantify or measure, those individualized issues will often defeat certification. And as this case illustrates, it is eminently possible to spot those problems before filing a putative class action,” he added.

Alex helps consumer-facing companies defend the labeling of their products—including iconic food, beverage, personal care, and household products found in millions of homes. He persuades courts that his clients’ advertising is not deceptive, and he proves consumers received what his clients promised.

Related Capabilities

Related Locations

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

“Why Class Cert Is Unlikely in Cases Like Mattel ‘Wicked’ Suit,” Law360

In an article featured in Law360, Partner Alex Smith discusses the recently proposed class action, Holly Ricketson v. Mattel Inc. in the US District Court for the Central District of California and how it highlights the uphill battle plaintiffs face in certifying a class in such cases. The matter involves mislabeled children's dolls featuring characters from the movie Wicked.

Read More

In the article, Alex analyzes the case in which a parent claims that after purchasing the Wicked-themed doll for her daughter, she discovered the packaging included a link to an adult website, rather than the movie’s website, wickedmovie.com.

“Even if the plaintiff's lawsuit survives a motion to dismiss, certifying a class will not be as easy as clicking one's heels three times. To the contrary, the plaintiff will likely face steep obstacles if and when she seeks to certify a class,” Alex writes.

“When a case involves an obviously false or straightforwardly misleading statement on the front of a package, it may be relatively easy to certify a class. But when a plaintiff's claims require individual inquiry into whether the alleged mislabeling affected consumers' purchasing decisions or caused each consumer any injury, or when that alleged injury is not easy to quantify or measure, those individualized issues will often defeat certification. And as this case illustrates, it is eminently possible to spot those problems before filing a putative class action,” he added.

Alex helps consumer-facing companies defend the labeling of their products—including iconic food, beverage, personal care, and household products found in millions of homes. He persuades courts that his clients’ advertising is not deceptive, and he proves consumers received what his clients promised.

Related Capabilities

Related Locations

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

News and Insights

Event

Amanda Shafer Berman to Speak on Energy and Administrative Law at WEN-DC Webinar

As the Supreme Court's new Term begins, Jenner & Block Partner Amanda Shafer Berman will join a Women's Energy Network of Washington, DC (WEN-DC) webinar on how the Court's decisions are shaping the energy sector.

October 14, 2026

Publications

Partner Amanda Shafer Berman Quoted in Bloomberg Law on Senate Permitting Overhaul Bill

Partner Amanda Shafer Berman was quoted in an October 5 Bloomberg Law article, "Permitting Deal Gives Projects Defense Against Litigation Delays," on the Senate's new permitting overhaul package and its expected impact on litigation over federal permitting reversals.

October 2026

Event

Partner John Storino to Speak at Sandpiper Partners' “AI and Outside Counsel Guidelines Roundtable”

On October 8, Partner John Storino will serve as a panelist at the “AI and Outside Counsel Guidelines Roundtable,” hosted by Sandpiper Partners in Chicago.

October 8, 2026

Event

Partner Meghan Greenfield to Speak on Supreme Court Climate Case at Edison Electric Institute's Fall Legal Conference

On Wednesday, October 7, Partner Meghan Greenfield will speak on a panel titled "Boulder County v. Suncor Energy: What the Supreme Court's Climate Case Means for the Energy Industry" at the Edison Electric Institute's Fall Legal Conference in Salt Lake City, Utah.

October 7, 2026

Publications

The Form Rules Everything: A Seventh Circuit Ruling on ERISA's Substantial Compliance Doctrine

Partner Joseph Torres and Special Counsel Jennifer Beach authored an article for Employee Relations Law Journal examining the Seventh Circuit's decision in Packaging Corp. of America Thrift Plan for Hourly Employees v. Langdon, a ruling that addresses both the standard of review in ERISA interpleader actions and the continued viability of the substantial compliance doctrine for changing plan beneficiaries.

October 5, 2026