Judge Posner of the Seventh Circuit issued an opinion, which struck down certification of a class of consumers seeking to sue companies in the business of selling eye drops. The class is annoyed that these companies recommended "large" size eye drops, when the smaller cheaper sizes would work just as well.
His reasoning? Pretty amusing:
“Suppose the class members all happened to own pedigreed cats and the breeders who had sold the cats to the class members had told them that as responsible cat owners they would have to feed the cats kibbles during the day and Fancy Feast at night and buy a fountain for each cat because cats prefer to drink out of a fountain (where gravity works for them) rather than out of a bowl (where gravity works against them) and they don’t like to share a fountain with another cat.
Then suppose the cat food got expensive, and the fountains didn’t work.
The cat owners became dissatisfied. Yet would anyone think they could successfully sue the breeders? For what? The breeders had made no misrepresentations. It’s the same here."