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PHILADELPHIA, Nov. 23, 2022 /PRNewswire/ -- The following statement is being issued by Kroll Settlement Administration regarding the Barlean's Organic Coconut Oil Settlement.
A proposed Settlement has been reached in a class action lawsuit known as Testone et al. v. Barlean's Organic Oils, LLC, Case No. 3:19-cv-00169-RBM-BGS, pending in U.S. District Court in the Southern District of California
The lawsuit claims that Barlean's, which marketed and sold the Barlean's Organic Virgin Coconut Oil, Organic Culinary/Gourmet Coconut Oil, and Organic Butter Flavored Coconut Oil (collectively, the "Coconut Oil Products" or "Products") violated certain California, New York, and federal laws by misleadingly marketing the Products as healthy. Barlean's denies the allegations and any wrongdoing. However, to avoid the cost of litigation, and potential risks for both sides, the parties have reached a Class Action Settlement Agreement, which was preliminarily approved by the United States District Court for the Southern District of California on November 21, 2022. The two sides disagree on what relief, and how much, could have been won, if any, if the Class won at trial. The Settlement avoids costs and risks to you from continuing the lawsuit, provides relief to affected persons like you, and releases Barlean's and others from liability for related claims.
If you purchased, for personal use, Barlean's Organic Virgin Coconut Oil (16-, 32-, or 60-oz.), Barlean's Organic Culinary/Gourmet Coconut Oil (32-, or 60-oz.), or Barlean's Organic Butter Flavored Coconut Oil (16- or 32-oz.), between January 24, 2015 and November 10, 2022, you may be a member of the settling Class.
The proposed class action settlement will provide $1,612,500 in funds to pay all aspects of Settlement (the "Common Fund"), including Class Member claims, notice, administration, Plaintiffs' service awards, legal expenses, and attorneys' fees. Barlean's will also be prohibited from using any of the Challenged Claims for five years, absent a change in law or modifications to the labels that comply with the law.
Eligible Class Members who timely file a claim may receive between $3.00 to $7.00, per unit, depending on the size of the product, for up to five (5) units (single containers) of the Coconut Oil Products without Proof of Purchase.
Class Members who timely submit claims with valid proof of purchase, as determined by the Claims Administrator, will receive the allotted amount for each unit that they submit valid proof of purchase.
The total amount of funds to be claimed by Class Members will be calculated based on the total number of people who file claims and will be adjusted up or down accordingly.
The only way to receive benefits from the proposed Settlement is to file a claim. Claim Forms may be submitted online or mailed to the Settlement Administrator at: Barlean's Coconut Oil Settlement, c/o Kroll Settlement Administration, P.O. Box 225391, New York, NY 10150-5391. The deadline to file a claim is January 19, 2023.
Exclude Yourself. If you do not want to be included in the Settlement, you may print an Opt-Out Form from the Settlement Website, www.BarleansCoconutOilSettlement.com, fill out and sign the form, and mail it to the Claims Administrator, postmarked on or before January 19, 2023. You will keep your right to sue Defendant about the claims in this case, but you will not receive money. Detailed instructions and answers to questions on how to exclude yourself can be found on www.BarleansCoconutOilSettlement.com.
Object/Comment. You have the right to object to or comment on the Settlement and still get benefits. If you want to object to or tell the Court what you think about the Settlement, you must submit your objection/comment in writing by January 19, 2023. Detailed instructions on how to object or comment are found on www.BarleansCoconutOilSettlement.com.
Do nothing. You will not receive any benefits from the Settlement. You will be legally bound by decisions of the Court and you give up your right to sue the Defendant relating to the claims resolved by this Settlement.
The Court has scheduled a Final Fairness Hearing on March 3, 2023 at 3 p.m. at the U.S. District Court in the Southern District of California 333 West Broadway, San Diego, CA 92101, Courtroom 5B, to consider: 1) whether to approve the Settlement; 2) any objections; 3) the requests for awards to the Settlement Class Representatives as incentives and for services rendered on behalf of the Class of up to $7,500 each, and 4) the request for award of attorneys' fees up to $537,000, plus expenses. You may attend the Final Approval Hearing, but you do not have to attend. The motion for attorneys' fees and expense and service awards will be posted on www.BarleansCoconutOilSettlement.com after they are filed with the Court.
This is only a summary. For more information, visit www.BarleansCoconutOilSettlement.com or call toll free (833) 709-0893.
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SOURCE Kroll Settlement Administration