SAN FRANCISCO, Aug. 5, 2024 /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 Northern District of California, in Milan v. Clif Bar & Co., No. 18-cv-2354-JD.
What is the lawsuit about? The lawsuit contends that Clif Bar & Company (“Clif Bar“) made certain statements on the labels of various original Clif Bars and Clif Kid ZBars (“Class Products”) that are allegedly misleading because the statements suggested the bars are healthy, whereas Plaintiffs allege the bars are unhealthy because of their added sugar. Clif Bar maintains that these products are not unhealthy due to the presence of added sugars, and that the statements on its bars are true and not misleading. The Court has not determined whether Plaintiffs or Clif Bar is correct.
Who is included? You are a Class Member if you bought one of the Class Products for household use, and not for resale or distribution, between April 2014 and March 2023 in California or New York, or between March 2019 and March 2023 in any other State. The Class Products include Original Clif Bars in packaging stating “Nutrition for Sustained Energy,” and Clif Kid ZBars in packaging stating “No High Fructose Corn Syrup;” “Nourishing Kids in Motion;” “In raising our family, finding nutritious on-the-go snacks for our kids wasn’t easy. That’s why we created Clif Kid – wholesome, delicious snacks made with organic ingredients to help keep kids going, growing, and exploring;” “Blend of carbs, fiber, protein, and fat gives kids energy so they can keep Zipping and Zooming along,” and similar Challenged Claims (as identified in the Complaint in the Action).
What does the settlement provide? Clif Bar has agreed to establish a $12,000,000 “Settlement Fund” to pay all Settlement expenses, including the costs of class notice and administration, attorneys’ fees and costs, service awards for the Plaintiffs, and cash refunds for Class Members who make valid Claims. Your legal rights will be affected if you are a Class Member and do not exclude yourself.
What are your options?
Submit A Claim: To receive Settlement benefits, you must complete and submit a Claim Form. Claim Forms are available at the Settlement Website, wwwBarsClassAction.com, and can be submitted electronically or mailed to the Class Administrator. A Claim Form must be submitted online or postmarked by November 25, 2024.
Opt-Out or Object: If you opt-out or request exclusion, you will retain your rights to sue Clif Bar separately; however, you will not be eligible to receive any benefits. You must submit a Request for Exclusion, available at the Settlement Website, www.BarsClassAction.com. Request for Exclusions must be postmarked on or before October 22, 2024. Detailed instructions are available on the Settlement Website. You may also object to any part of this Settlement. Details about how to object are available at the Settlement Website. Objections must be mailed to the Class Administrator and postmarked on or before October 22, 2024.
Do Nothing: If you do nothing, you will not be eligible to receive any benefits and will be bound by the terms of the Settlement Agreement and Final Judgment.
Has the Court approved the Settlement? No. The Court has set a hearing for November 14, 2024, at 10:00 a.m. California time, to determine whether to approve the Settlement and what attorneys’ fees, expenses, and service payments to award. Class Counsel will file a motion seeking an award of up to one-third of the Settlement Fund in fees, and reimbursement of case expenses totaling up to $917,584.35, plus any expenses incurred after entry of the Preliminary Approval Order. Class Counsel will also seek on behalf of the Class Representatives Service Awards of $5,000 each for Ralph Milan and Elizabeth Arnold. The Court will determine the amount of fees, expenses, and service awards that will be paid from the Settlement Fund.
After Class Counsel’s motion for attorneys’ fees, expenses, and service awards is filed on or before September 9, 2024, it will be posted on the Settlement Website and you will have an opportunity to review and comment on the motion via an objection.
You do not need to appear at the Final Approval Hearing but you may come at your own expense. The Court has appointed Fitzgerald Monroe Flynn PC as Class Counsel. If you want to be represented by your own lawyer, you may hire one at your own expense.
This is only a summary of the key Settlement terms. A full copy of the Settlement Agreement is available at the Settlement Website.
CONTACT: Phone: (844) 537-1156
SOURCE Bars Class Action Administrator
