Overview Of The Proposed Settlement
You are a member of the Settlement Class if, between October 29, 2006 and October 3, 2011 you purchased, in the United States, a “Honest Kombucha” beverage (“Beverages”) manufactured by Honest Tea, Inc. (“Honest Tea” or “Defendant”), unless the purchase was for purposes of resale.
The Settlement derives from a lawsuit in which plaintiff Scott Witthoff (“Plaintiff”) alleges that Honest Tea sold its Beverages without any warning that they could or did contain more than 0.5% alcohol by volume. Plaintiff further alleges that the Beverages falsely stated that the product would contain “a trace amount of alcohol (less than 0.5%).” Plaintiff alleges that in fact, Defendant’s Beverages contained up to 2-3% alcohol, equal to or greater than some brands of beer. Plaintiff further alleges that the Beverages were marketed, displayed and sold as if they were non-alcoholic (soft) drinks or tea, including to children and persons who would not knowingly have drunk alcoholic beverages (such as at work or before driving). In sum, Plaintiff alleges that Defendant’s marketing and advertising of its Beverages were likely to deceive reasonable consumers.
What Are My Options?
- SUBMIT A CLAIM FORM. The deadline to submit a Claim Form was February 9, 2012.
- OBJECT TO THE SETTLEMENT. The deadline to object to the Settlement was December 9, 2011.
- EXCLUDE YOURSELF FROM (“OPT-OUT” OF) THE SETTLEMENT The deadline to exclude yourself from the Settlement was December 9, 2011.
Please consult the Notice for more details on your options.
Final Approval Hearing
On January 6, 2012 at 3:00 p.m., in Department 305, San Francisco Superior Court, 400 McAllister Street, San Francisco, CA 94102, a hearing was held on whether the proposed Settlement should be approved as fair, reasonable and adequate.
An Order (1) Granting Final Approval of Class Action Settlement and (2) Granting Plaintiffs’ Motion for Attorneys’ Fees and Costs was entered by the Court on January 10, 2012.
