Whole Foods Labeling Settlement, Get Up To $60 Rebate

March 10, 2017

What’s This Settlement About

The lawsuit claims that Millennium mislabeled the Subject Products by or caused product loss by:

using the term “antioxidant” on the labels of the Subject Products despite the fact that the Subject Products allegedly do not contain antioxidants.
labeling and advertising GT’s Enlightened Kombucha and Enlightened Synergy products as non-alcoholic when the fermentation of the products allegedly causes the products to contain more than the amount of alcohol permitted for non-alcoholic beverages.
understating the sugar content of the Subject Products on the labels of the Subject Products or failing to include added sugar as a listed ingredient despite the fact that the Subject Products allegedly contain sugar as an added ingredient.

The Court did not rule in favor of either party. Plaintiffs entered into the settlement to avoid the delay, risks, and increased costs associated with continued litigation.

Who’s Eligible?

The Class includes all persons in the United States and United States Territories who bought at retail one or more of the Subject Products during the period March 11, 2011 through February 27, 2017.

What Products Are Included?

The Subject Products in this settlement are the following products sold by Defendants during the Class Period under GT’s Classic Kombucha, GT’s Classic Synergy, GT’s Enlightened Kombucha, and GT’s Enlightened Synergy product lines:

• Classic Kombucha Original
• Classic Kombucha Citrus
• Classic Kombucha Gingerade
• Classic Kombucha Multi-Green
• Classic Kombucha Third Eye Chai

• Classic Synergy Cosmic Cranberry
• Classic Synergy Maqui Berry Mint
• Classic Synergy Divine Grape
• Classic Synergy Gingerberry
• Classic Synergy Raspberry Rush
• Classic Synergy Strawberry Serenity
• Classic Synergy Superfruits
• Classic Synergy Trilogy

• Enlightened Kombucha Botanic No. 3
• Enlightened Kombucha Botanic No. 7
• Enlightened Kombucha Botanic No. 9
• Enlightened Kombucha Citrus
• Enlightened Kombucha Gingerade
• Enlightened Kombucha Multi-Green
• Enlightened Kombucha Original

• Enlightened Synergy Black Chia
• Enlightened Synergy Cosmic Cranberry
• Enlightened Synergy Cherry Chia
• Enlightened Synergy Gingerberry
• Enlightened Synergy Grape Chia
• Enlightened Synergy Green Chia
• Enlightened Synergy Guava Goddess
• Enlightened Synergy Mystic Mango
• Enlightened Synergy Passionberry Bliss
• Enlightened Synergy Raspberry Chia
• Enlightened Synergy Strawberry Serenity
• Enlightened Synergy Trilogy

How Much Do I Get?

The settlement provides a maximum fund of up to $8,250,000 to resolve the lawsuit.

You may be entitled to a cash payment of up to $3.50 for each Subject Product you purchased, up to a maximum of $35.00 in cash if you do not have Proof of Purchase. Class Members who claim more than $35.00 in cash awards must submit Proof of Purchase establishing purchase(s) during the Class Period for each Subject Product claimed in excess of $35.00 and may receive up to $60.00 in cash awards based on the retail value of the Subject Products shown in the Proofs of Purchase.

You must submit a claim by 05/30/2017.

Do Not Submit False Claims

Please do not submit fraudulent claims for these settlement rebates. It takes money away from those who deserve a reimbursement, and furthermore it is illegal. You’re usually required to acknowledge something along these lines:

I certify under penalty of perjury under the laws of the United States that all of the information provided on this Claim Form is true and correct to the best of my knowledge.