SAN FRANCISCO, Jan. 3, 2022 /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 Hanson v. Welch Foods Inc., Case No. 3:20-cv-02011-JCS (N.D. Cal.).
A proposed settlement has been reached in a case involving Welch Foods Inc. (“Welch”) alleging that the labeling of three 100% juice products with claims that they help support a healthy heart is misleading. Welch denies the allegations and has asserted various defenses that it believes are meritorious.
This is only a summary of the key settlement terms. A full copy of the Settlement Agreement and Class Notice is available at www.WelchFoodsSettlement.com, or by calling 1-877-393-0092.
Who is Included?
The Settlement Class includes all persons in the United States who, between March 23, 2016 and October 1, 2021 (the “Class Period”), purchased in the United States, for household use and not for resale or distribution, Welch’s 100% Grape Juice Concord Grape, Welch’s 100% Juice Red Sangria, or Welch’s 100% Black Cherry Concord Grape Juice (the “Class Products”).
What Does the Settlement Provide?
The proposed Settlement will provide the Class with $1,500,000 in monetary benefits (the “Settlement Fund”); and with injunctive relief in the form of labeling changes Welch has agreed to make.
Who Can Receive a Payment?
Each Class Member household that timely submits a valid approved Claim is entitled to compensation. Each timely, valid claimant will receive a payment based on the number of Class Products purchased during the Class Period. The amount of the Settlement Payment any individual receives will depend on both the total number of claims made, and each claimant’s purchase history. Each household may submit only one claim form.
Claim Forms and more information about the claims process are available on the Settlement Website, www.WelchFoodsSettlement.com. The deadline for submitting a claim is March 7, 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 Welch 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.WelchFoodsSettlement.com. Alternatively, Opt-Out Forms can be downloaded, filled out, and mailed to the Class Administrator at: Welch Foods Class Administrator, P.O. Box 1908, Baton Rouge, LA 70821. Opt-Out Forms must be submitted online or postmarked on or before March 7, 2022.
Class Members may also object to any part of this Settlement by filing a written Objection with the Court (whether electronically or by mailing the Objection to either the Court or Class Administrator) and/or appearing at the Final Approval Hearing. Further details regarding the procedures for objecting are available at the Settlement Website, www.WelchFoodsSettlement.com. Written Objections must be filed on or before March 7, 2022.
Has the Court Approved the Settlement?
The Court has not yet approved the Settlement but has set a Final Approval Hearing for April 15, 2022, at 9:30 a.m., 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 Representative, which shall be paid from the Settlement Fund, along with Notice and Administration expenses currently estimated at $249,411. 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.WelchFoodsSettlement.com, and Class Members will have an opportunity to respond and object.
As described further on the Settlement Website, www.WelchFoodsSettlement.com, Class Counsel intend to seek an award of fees of 25% of the Settlement Fund (or $375,000), and reimbursement of case expenses of approximately $25,000, along with a service award for the Class Representative in the amount of $5,000. Any fees, expense reimbursements, and service award approved by the Court will be paid from the Settlement Fund.
The Court has appointed Fitzgerald Joseph LLP as Class Counsel. Class Counsel 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 award after it is filed on or before January 31, 2022, please visit the Settlement Website, www.WelchFoodsSettlement.com.
PLEASE DO NOT CALL OR WRITE THE COURT FOR INFORMATION OR ADVICE.
SOURCE Welch Foods Class Administrator
