SEATTLE, Oct. 28, 2021 /PRNewswire-HISPANIC PR WIRE/ — JND Legal Administration, the Court-appointed Settlement Administrator, reports that a proposed class action settlement that has been reached in the case captioned Martinelli v. Johnson & Johnson, et al., Case No. 2: 15-cv-01733-MCE-DB (E.D. Cal.).  You have the right to know about your rights and options. 

What is this about?  The lawsuit alleges that Johnson & Johnson and McNeil Nutritionals, LLC (“Defendants”) misrepresented the trans fat content of Benecol Regular and Light Spreads (“Benecol Spreads”) by labeling them as containing “No Trans Fats” when they contain trans fat through the use of partially hydrogenated oils.  Defendants deny the allegations and contend that the label is not misleading and clearly identified that the product contained insignificant amounts of Trans Fats. To avoid the cost, risk, and delay of litigation, Plaintiff JoAnn Martinelli (“Plaintiff”) and Defendants agreed to a Settlement.

Who is affected?  All persons who purchased Benecol Spreads in the United States between January 1, 2008 and December 31, 2011 for personal use.

What does the Settlement provide? Defendants have agreed to pay up to $2 million to be used to pay benefits to eligible Class Members, attorneys’ fees and expenses (not to exceed one-third of the Settlement amount), administration costs, and the Class Representative Incentive Award ($7,500).  Class Members who submit a timely and valid Claim Form may receive (1) a full refund for each tub of Benecol Spreads purchased between January 1, 2008 and December 31, 2011 for which a Proof of Purchase is provided, or (2) $5.00 each for up to four (4) tubs of Benecol Spreads purchased during the same time period without a Proof of Purchase. Payments are subject to a pro rata reduction if the total value of all Valid Claims exceeds the $2 million after the payment of attorneys’ fees and expenses, administration costs, and the Incentive Award.

How do I file a claim? Go to www.BenecolSettlement.com to file or download a Claim Form.  You can also write: Benecol Spreads Settlement, c/o JND Legal Administration, P.O. Box 91426, Seattle, WA 98111, or email: [email protected].  All Claim Forms must be submitted online or postmarked by February 25, 2022.

What are my other options?  Do Nothing: If you do nothing, you will not get any money or benefits from the Settlement; you will be legally bound by all orders and judgments of the Court; and you won’t be able to sue, or continue to sue, Defendants as part of any other lawsuit involving the same claims that are in this lawsuit.  Exclude Yourself: If you ask to be excluded from the Class, you cannot get any money or benefits from the Settlement, but you will keep any rights to sue Defendants for these claims, and will not be bound by any orders or judgments of the Court.  Object: If you do not exclude yourself from the Settlement, you may object to it or tell the Court what you don’t like about the settlement. Exclusions and objections must be postmarked by January 26, 2022.  For details about your rights and options and how to exclude yourself or object, go to www.BenecolSettlement.com.

What’s next?  The Court will hold a Final Approval Hearing on March 24, 2022, at 2:00 p.m. Pacific Time to consider whether to approve the Settlement, attorneys’ fees and expenses, and the Incentive Award.  The Court has appointed Bursor & Fisher, P.A. as Class Counsel.  Class Counsel will answer any questions that the Court may have.  You may hire your own lawyer to appear in Court, but you don’t have to.

Questions?  Visit www.BenecolSettlement.com, call 1-888-921-1531, or write: Benecol Spread Settlement, c/o JND Legal Administration, P.O. Box 91426, Seattle, WA 98111.  You may also contact Class Counsel by email at [email protected]. 

SOURCE JND Legal Administration