In a recent op-ed, former law professor Victor Schwartz examines the dismissal of a class action lawsuit against Vizzy Mimosa Hard Seltzer, which claimed misleading labeling because the product did not contain champagne. The court ruled that "reasonable consumers would not have believed" the hard seltzer contained champagne, highlighting a growing trend of what Schwartz calls "ghost class actions." These lawsuits often allege nonexistent consumer injuries, particularly in cases targeting misleading food and beverage labels.

Schwartz argues that while class actions can serve an important role in addressing collective harms, many of these "no-injury" lawsuits waste valuable judicial resources. These cases often benefit lawyers with large fees, while consumers receive little or no compensation. He advocates for legal reforms that would require proof of actual consumer loss for class actions to be certified and suggests that attorneys’ fees should be tied to tangible benefits received by consumers. Implementing these changes, Schwartz argues, would reduce the number of frivolous "ghost claims" and better protect consumer interests.

By focusing on the growing issue of frivolous lawsuits and advocating for legal reform, Schwartz’s analysis highlights the need for a more efficient class action system that focuses on real consumer injuries.