PHILADELPHIA, July 22, 2019 /PRNewswire/ -- A proposed class action Settlement has been reached in a case alleging Seagram's Ginger Ale Products were inaccurately labeled as "Made with Real Ginger." Defendant denies that the label was inaccurate or that it did anything wrong. The parties have agreed to settle the case, and Defendant has agreed to change its labeling and provide cash payments to Settlement Class Members. The case is Fitzhenry-Russell et al. v. The Coca-Cola Company, United States District Court for the Northern District of California, Case No. 5:17-CV-00603-EJD.
Does The Class Include Me?You are a Settlement Class Member if you purchased any Seagram's Ginger Ale Product (including Seagram's Ginger Ale, Seagram's Diet Ginger Ale, Seagram's Raspberry Ginger Ale, and Seagram's Diet Raspberry Ginger Ale) for personal use in the United States between April 1, 2013, and June 13, 2019.
What are the Settlement Benefits?To settle the case, Defendant will create a settlement fund of $2,450,000.00. If you make a Valid Claim in the settlement, you will receive a cash payment for each Unit of any Seagram's Ginger Ale Product that you purchased, subject to the maximums and minimums set forth below. A Unit is any unit of the Product purchased individually at retail. For example, a 2-liter bottle, a 1-liter bottle, a 20-ounce bottle, a 12-pack of 12-ounce cans, or a 10-pack of 7.5-ounce cans would each be one Unit. A single 12-ounce can is not a Unit because it is not individually available for purchase at retail.
If you make a Valid Claim you may receive up to $0.80 per Unit purchased (the Benefit), with a minimum payment of 5 Units (up to $4.00), though the Benefit may be less than $0.80 per Unit depending upon, among other things, the number of Valid Claims received, the amount of attorneys' fees and expenses paid to the Plaintiffs' lawyers, and the costs of administering the Settlement. The parties predict that each claim will be paid at least $0.40 per Unit, and more if there are a smaller than expected number of claims. If you do not have proof of purchase, you may claim the Benefit for up to 13 Unit purchases per Household (for a maximum Household payment of $10.40). If you submit a Valid Claim for the purchase of 1-5 Units, you will receive the Benefit for five (5) Units. If you do have proof of purchase, you may claim the Benefit for up to 87 additional Unit purchases per Household for which you have proof of purchase, for a total maximum of 100 Units per Household (or a maximum Household payment of $80.00).
"Proof of Purchase" means a receipt or other documentation from a third-party commercial source (such as a store) that reasonably establishes the fact and date of purchase of the Product during the relevant period in the United States.
The Settlement also requires Defendant to permanently remove the label claim "Made with Real Ginger" from all Seagram's Ginger Ale Products. It permits labeling that includes statements such as "real ginger taste" and "made with real ginger extract," among other combinations of those label claims.
If there is money left over in the settlement fund after payment of Valid Claims, attorneys' fees, administration costs, and class representative service awards, the money will be donated to two nonprofits whose work focuses on educating consumers to make informed choices: (1) the National Consumers League; and (2) the Better Business Bureaus Institute for Marketplace Trust.
How Do I Make A Claim?To file a claim, click here and fill out the form. You can also obtain a claim form by contacting the Claim Administrator.
What are my rights? You may make a Claim, Object, Opt-Out, or do nothing. To receive a payment, you must submit aClaim, online or by mail, by September 5, 2019. If you Opt-Out of the Settlement, you may pursue a separate lawsuit, but you will receive no payment. Your Opt-Out request must be received by the Settlement Administrator by September 5, 2019. If you do not Opt-Out, you give up your right to bring a separate lawsuit. To object, you must submit a written Objection that complies with the requirements in the applicable Settlement Notice available at www.gingeralesettlement.com. Your Objection must be filed with the Court by September 5, 2019. Do nothing, and you will not receive a payment and you will be release claims against Defendants that relate to the allegations in the lawsuits.
What will happen next?The Court will hold a hearing on October 3, 2019 at 9:00 a.m. to consider whether to approve the settlement. The attorneys for the class will ask the court to award them up to $735,000 in fees and approximately $80,000 in out of pocket expenses and up to $11,000.00 total in incentives to the individuals who pursued the suit, out of the settlement fund. Note that the hearing date may change without further notice to you. Consult the settlement website at www.gingeralesettlement.com or for a fee, through the Court's Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov, for updated information on the hearing date and time.
How can I get more information? For more information, please visit www.gingeralesettlement.com or contact the Settlement Administrator, Ginger Ale Settlement c/o RG/2 Claims Administration LLC, P.O. Box 59479, Philadelphia, PA 19102-9479, (844) 979-7303. Please do not telephone the Court or the Court's Clerk's Office to inquire about this settlement.
