Overview of the Settlements
Skye Astiana, et al. v. Kashi Company, 3:11-CV-01967-H (BGS)
Thurston, et al. v. Bear Naked, Inc., 3:11-CV-2890-H (BGS)
A Settlement has been reached in two class action lawsuits which claimed that the marketing of certain Kashi Products as “All Natural” or “Nothing Artificial” and certain Bear Naked Products as “100% Natural” or “100% Pure & Natural” was not true. Kashi and Bear Naked stand by their marketing and deny that they did anything wrong.
What Do These Settlements Provide?
Kashi created a Settlement Fund of $5 million. The fund is used to pay class notice and administration costs, attorneys’ fees and expenses, Class Representative Incentive Awards, and cash payments to Class Members of the Kashi All Natural / Nothing Artificial Food Products Class who submit a valid Claim Form. Under the Settlement, Kashi also agreed to make certain changes to its current labeling and marketing of certain Products.
Bear Naked created a Settlement Fund of $325,000. The fund is used to pay attorneys’ fees and expenses, Class Representative Incentive Awards, and cash payments to Class Members of the Bear Naked 100% Pure & Natural / 100% Natural Food Products Class who submit a valid Claim Form. Under the Settlement, Bear Naked also agreed to make certain changes to its current labeling and marketing of certain Products.
|YOUR LEGAL RIGHTS AND OPTIONS IN THESE SETTLEMENTS|
|SUBMIT A CLAIM FORM||The deadline to submit a claim form was August 25, 2014. Checks were mailed to eligible Class Members on December 30, 2014.|
|EXCLUDE YOURSELF||Get out of the lawsuits and the Settlements. Get no cash refund.|
|OBJECT OR COMMENT||Write to the Court about why you do, or do not like the Settlement.|
|DO NOTHING||You will get no cash refund.|
On September 2, 2014, at 10:30 a.m., the Court held hearings to determine: (1) whether the proposed Settlements are fair, reasonable and adequate and should receive final approval; and (2) whether the applications for attorneys’ fees and/or expenses brought by the respective Class counsel should be granted. The hearing into the Kashi Settlement and the Bear Naked Settlement were held in the United States District Court, Southern District of California, 333 West Broadway, San Diego, California 92101 in Courtroom 15A of the Honorable Marilyn L. Huff. The Court granted final approval of the Settlements on September 2, 2014. Checks were mailed to eligible Class Members on December 30, 2014.