SAN DIEGO, Dec. 8, 2021 /PRNewswire-HISPANIC PR WIRE/ — The following notice is being issued by the Court approved Class Administrator and has been authorized by the U.S. District Court for the Southern District of California, in McMorrow et al. v. Mondelēz International, Inc., Case No. 17-cv-2327-BAS-JLB.
A proposed settlement has been reached against Mondelēz Global LLC (“MDLZ”) alleging that certain health and wellness representations on belVita Breakfast products were misleading in light of their high added sugar content, or otherwise unlawful. MDLZ denies the allegations.
This is only a summary of the key Settlement terms. A full copy of the Settlement Agreement and Class Notice is available at www.BreakfastBiscuitClaims.com, or by calling 1-855-611-0641.
Who is Included?
The Settlement Class includes all persons in the United States who, between November 16, 2013 and November 17, 2021 (the “Class Period”), purchased in the United States, for household use and not for resale or distribution, certain belVita Crunchy Biscuits, belVita Soft Baked Biscuits, belVita Bites, or belVita Sandwiches products. See the Settlement Website, www.BreakfastBiscuitClaims.com, for the specific products included in the Settlement.
What Does the Settlement Provide?
The proposed settlement will provide the Class with $8,000,000 in monetary benefits (the “Settlement Fund”); and with injunctive relief in the form of labeling changes MDLZ has agreed to make.
Who Can Receive a Payment?
Class Members who timely submit a valid approved claim are entitled to compensation. Each timely, valid claimant will receive a payment based on the type and estimated amount of Class Products purchased during the Class Period. The amount of the Cash Award any individual receives will depend on both the number of claims made, and each claimant’s purchase history.
Claim Forms and more information about the claims process are available on the Settlement Website, www.BreakfastBiscuitClaims.com. The deadline for submitting a claim is February 9, 2022.
What are Class Members’ Other Options?
Class Members may opt out of this Settlement. A Class Member who opts out will retain rights to sue MDLZ separately, but will not be eligible to receive any compensation under the Settlement. To opt out, a Class Member must submit an Opt-Out Form on the Settlement Website, www.BreakfastBiscuitClaims.com. Alternatively, Opt-Out Forms can be downloaded, filled out, and mailed to the Class Administrator at: belVita Class Administrator, PO Box 5125, Baton Rouge, LA 70821. Opt-Out Forms must be submitted online or postmarked on or before February 9, 2022.
Class Members may also object to any part of this Settlement by mailing an Objection to the Class Administrator at: belVita Class Administrator, PO Box 5125, Baton Rouge, LA 70821. Alternatively, Class Members may file an Objection with the Court. Further details regarding the procedures for objecting are available at www.BreakfastBiscuitClaims.com. Objections must be postmarked or filed on or before February 9, 2022.
Has the Court Approved the Settlement?
The Court has not yet approved the Settlement, but has set a Final Approval Hearing for April 4, 2022, to determine whether the Settlement is fair, reasonable, and adequate for the Class. The Court will also consider during that hearing whether and in what amount to award attorneys’ fees and expenses to Class Counsel, and service awards to the Class Representatives, which shall come from the Settlement Fund, along with Notice and Administration expenses currently estimated at $ 3,261,967. Prior to making that determination, the Court will set a deadline for Class Counsel to make a motion, the motion will be posted on the Settlement Website, www.BreakfastBiscuitClaims.com, and Class Members will have an opportunity to respond and object.
As described further on the Settlement Website, Class Counsel intend to seek an award of fees of up to one-third of the Settlement Fund, and reimbursement of case expenses, along with incentive awards for Class Representatives each for Patrick McMorrow, Marco Ohlin, and Melody DiGregorio.
You do not need to appear at the Final Approval Hearing, but you may come at your own expense. The Court has appointed Fitzgerald Joseph LLP as Class Counsel. The lawyers representing you will be paid, only with the Court’s approval, from the Settlement Fund. If you want to be represented by your own lawyer, you may hire one at your own expense. For more information, or to view the motion for attorneys’ fees, expenses, and service awards after it is filed on or before January 26, 2022, please visit the Settlement Website, www.BreakfastBiscuitClaims.com.
PLEASE DO NOT CALL OR WRITE THE COURT FOR INFORMATION OR ADVICE.
SOURCE Class Administrator
