SAN DIEGO, Feb. 27, 2020 /PRNewswire/ -- A proposed settlement has been reached in a class action lawsuit involving Ocean Spray Cranberries, Inc. ("Ocean Spray"). The settlement establishes a $5,400,000 settlement fund. Class members may be eligible for cash payments of up to $20 per household.
On January 31st, 2020, United States District Court for the Southern District of California, Judge Gonzalo P. Curiel, preliminarily approved a settlement of a lawsuit between Ocean Spray and purchasers of certain Ocean Spray® beverages. The lawsuit alleged that certain Ocean Spray® product labels claiming "No Artificial Flavors" are false and misleading because the Products contain the ingredients dl-malic acid and/or fumaric acid, which the plaintiffs assert function as artificial flavors. Ocean Spray denies the allegations and any wrongdoing as those ingredients do not function as flavors in the Products. To avoid the expense and distraction of continued litigation, the parties have reached a settlement.
The proposed class settlement will establish a settlement fund $5,400,000.00 to pay class member claims, notice, administration, plaintiffs' incentive awards, and legal expenses and attorneys' fees.
You may be a member of the Settlement Class if you are a citizen and resident of the United States who purchased one or more of the Products during the Class Period (i.e., January 1, 2011 to January 31, 2020) in your respective state of citizenship. The Products must have been purchased for personal or household use and not for resale or distribution.
Products include in the settlement include the following Ocean Spray® beverage products:
Cran-Apple, Cran-Grape, "100% Apple" Juice Drink, Cran-Raspberry, WaveApple with White Cranberries, WaveBerry Medley, Cran-Cherry, Cran-Pineapple, Cran-Pomegranate, Diet Cran-Pomegranate, Diet Cran-Cherry, 100% Juice Cranberry Cherry Flavor, Cran-Strawberry, Diet Blueberry, Diet Cranberry with Lime, Cran-Lemonade, Classic Tea White Cranberry Peach, Cran-TeaWhite Cranberry Peach, Classic Tea Cranberry, Cran-TeaCranberry, 100% Premium Juice Cranberry Apple, 100% Cranberry Concord Grape, 100% Juice Cranberry Raspberry, 100% Juice Cranberry Pomegranate, 100% Juice Tropical Citrus Fruit & Vegetable, Light Tropical Citrus Fruit & Vegetable, 100% Juice Cranberry Pomegranate Blueberry Fruit & Vegetable, Pink Cranberry Passionfruit Juice Drink, 100% Juice Cranberry Mango, Pink Lite Cranberry Juice Drink, Light Cran-Mango, Pink Cranberry Juice Drink, Pink Lite Cranberry Juice Drink, Pink Cranberry Juice Drink, Ruby Pomegranate, Diet Cran-Tea, 100% Juice Cranberry Pineapple, Diet Cran-Pineapple, Mocktails Tropical Citrus, Cran-America, Pink Cranberry Juice Drink, Cranharvest Cranberry Apple Cider, Diet Cran-Raspberry, Diet Cran-Apple, Diet Cranberry, Diet Cran-Grape, Cranberry Cranenergy, Diet Ruby Red, New Light 50 Cranberry Grape, Sparkling Citrus Tangerine, Cranenergy Sparkling Diet Cranberry, Ruby Cherry, Cherry Juice Cocktail, CranenergySparkling Cranberry, Sparkling Pink Cranberry Juice Drink, Pom Blue Sparkling Beverage, Sparkling Cranberry, Diet Pom Blue Sparkling Beverage, Sparkling Diet Cranberry, Sparkling Cran-Raspberry, Sparkling Cran-Grape, Diet Cran-Lemonade, Cran-Mango, Ruby Cranberry, 100% Citrus Tangerine Orange, 100% Citrus Mango Pineapple, Cran-TropicalJuice Drink, Light Cranberry Apple, Diet Cran-Mango, Light Ruby Red, Blueberry Juice Cocktail, Blueberry Pomegranate, Diet Blueberry Pomegranate, Light Cran-Pomegranate, Raspberry Cranenergy, New Light 50 Cranberry Raspberry, Pomegranate Cranenergy, Wave Mango Pineapple, & Diet Cran-Blackberry.
Claimants who submit a timely and valid claim will receive $1.00 in cash from the Settlement Fund per bottle of Product purchased (any size) during the Class Period, up to 20 bottles, limited to one claim per household (total payable per household in no event to exceed $20, unless distribution is increased as described below).
Claims can be submitted online at the class website www.NoArtificialFlavorsLitigation.com. Claims must be submitted by July 10, 2020. Class members may request to be excluded from the class ("opt out" of the settlement), comment on the settlement, or object to the settlement, but must do so by July 1, 2020. Class members who do nothing will not receive any payment and will bound by the Court's decision.
If the total amount of eligible claims exceeds the Settlement Fund, then each claimant's award will be proportionately reduced. If there is any remaining cash amount in the Settlement Fund after payment of all claims, costs, and fees, the settlement administrator will divide it equally among the authorized claimants and will pay each authorized claimant his or her proportionate share of the remaining cash amount.
Within 12 months after the Final Approval Effective Date, Ocean Spray will discontinue manufacturing the Products that contain the artificial versions of malic acid and/or fumaric acid as an ingredient with labels that contain the claim "no artificial flavors," provided Ocean Spray will be permitted to exhaust existing label stock purchased, printed, or ordered prior to the Final Approval Effective Date.
Your rights and options – and the deadlines to exercise them – are only summarized in this press release. It is only a summary of the full class action settlement. A Long Form Notice describes, in full, how to file a claim, object, or exclude yourself, and provides other important information. For more information and to obtain a Long Form Notice, claim form or other documents, visit www.NoArtificialFlavorsLitigation.com. You may also contact the Settlement Administrator by emailing Contact@NoArtificialFlavorsLitigation.com, or by writing to: No Artificial Flavors Litigation, c/o Classaura Class Action Administration, 1718 Peachtree St #1080, Atlanta, GA 30309, or by calling 1-855-873-3742.
Location: San Diego, CA
Filed by: Classaura LLC