Bayol, et al. v. Health-Ade LLC, et al.

Bayol, et al. v. Health-Ade LLC, et al.
In the United States District Court for the
Northern District of California
Case No. 3:18-cv-01462 MMC

IF YOU BOUGHT HEALTH-ADE KOMBUCHA PRODUCTS BETWEEN MARCH 6, 2014 AND MAY 24, 2019, YOU COULD RECEIVE A CASH PAYMENT FROM A CLASS ACTION SETTLEMENT.

  • The authorized notice informs you of a proposed settlement in a class action lawsuit alleging that Defendants Health-Ade LLC and Whole Foods Market California, Inc. (“Defendants”) mislabeled or misrepresented the alcohol and sugar content of Health-Ade Kombucha products.

  • The settlement will provide up to $3,997,500 to pay claims for those who purchased one or more flavors of Health-Ade Kombucha beverages.  Class members can receive up to $40 in cash without Proof of Purchase.  Class members can receive up to $80 in cash with Proof of Purchase.  To qualify, you must have purchased one or more beverages from any Health-Ade Kombucha product lines, including but not limited to the following flavors of the following beverages from March 6, 2014 through May 24, 2019:

    • Flavors: Beet; Blood Orange-Carrot-Ginger; California Grape; Cayenne Cleanse; Ginger-Lemon; Holiday Cheers; Jalapeño-Kiwi-Cucumber; Maca-Berry; Matcha+Cold Brew Coffee; The Original; Pink Lady Apple; Plum; Pomegranate; Power Greens; Reishi-Chocolate; Sweet Thorn.

  • Defendants deny any wrongdoing or unlawful conduct and assert that the product labels at issue were truthful, not misleading, and were consistent with the law.  The Court has not decided who is right.  Both sides have agreed to settle the dispute and give benefits to Class Members.

Summary of Your Legal Rights and Options in This Settlement

Submit a Claim Form By August 27, 2019

This is the only way to receive a cash award.

Exclude Yourself By August 27, 2019

Exclude yourself by August 27, 2019 and get no award from the proposed settlement.  This is the only choice that allows you to participate in another lawsuit against Defendants about the claims at issue in this case for the products and claims covered by the Class Period.   

Object By August 27, 2019

You can write to the Court by August 27, 2019 about why you don’t like the settlement. 

Go to a Hearing

You can ask by August 27, 2019 to speak in Court about the fairness of the proposed settlement. 

Do Nothing

Get no payment.  Give up your rights to sue Defendants regarding any of the claims at issue in this case.

  • The Court in charge of this case still must decide whether to approve the proposed settlement. Payments will be made if the Court approves the settlement and after any appeal is resolved.

  • Your legal rights are affected whether you act or not.  Read the notice carefully because it explains decisions you must make and actions you must take now.  A summary is provided below. 

A settlement has been proposed in a class action lawsuit titled Bayol, et al. v. Health-Ade LLC, et al., Case No. 3:18-cv-01462, alleging that Health-Ade LLC mislabeled the alcohol and sugar content of Health-Ade Kombucha Products.  The settlement will provide up to $3,997,500 to pay claims of customers who bought Health-Ade’s Kombucha Products at retail between March 6, 2014 and May 24, 2019. The United States District Court for the Northern District of California authorized this notice.  Before any money is paid, the Court will have a hearing to decide whether to approve the settlement. More information about the settlement, including details on how to submit a claim form, object, or exclude yourself from the settlement, is available in the detailed notice.

WHO IS INCLUDED IN THE PROPOSED SETTLEMENT?

All persons in the United States and United States Territories who purchased at retail, between March 6, 2014 and May 24, 2019 (the “Class Period”), products within Health-Ade’s lines of kombucha products. A full list of the “Subject Products” at issue in the settlement is as follows:

“Subject Products”:  All products sold by Defendant during the period from March 6, 2014 through May 24, 2019 under Health-Ade’s Kombucha product lines, including but not limited to the following flavors:  Beet; Blood Orange-Carrot-Ginger; California Grape; Cayenne Cleanse; Ginger-Lemon; Holiday Cheers; Jalapeño-Kiwi-Cucumber; Maca-Berry; Matcha+Cold Brew Coffee; The Original; Pink Lady Apple; Plum; Pomegranate; Power Greens; Reishi-Chocolate; Sweet Thorn.

WHAT DOES THE PROPOSED SETTLEMENT PROVIDE?

The settlement provides up to a maximum fund of $3,997,500 to resolve the lawsuit.  This fund will pay (i) money to Class Members who submit valid Claim Forms on or before August 27, 2019, (ii) Settlement Administration Expenses, (iii) an Incentive Award to the Class Representatives, and (iv) Attorneys’ Fees and Expenses. The settlement also requires Health-Ade to regularly test its products, change its formula, and maintain certain disclosures on its labels.

Class Members who submit valid Claim Forms on or before August 27, 2019 may be entitled to receive a $4.00 cash payment for each Subject Product purchased within the Class Period, up to a total of $40.00, without providing Proof of Purchase.  Class Members may receive up to $80.00 based on the retail value of the Subject Products if they submit Proof of Purchase for each Subject Product(s) purchased within the Class Period.

WHO REPRESENTS YOU?

The Court appointed the law firm Bursor & Fisher, P.A. to represent you as class counsel.

WHAT ARE YOUR OPTIONS?

If you are a Class Member, you may (1) do nothing; (2) exclude yourself; (3) send in a Claim Form; (4) object to the settlement; and/or (5) go to a hearing about the fairness of the settlement.

If you do not want to be legally bound by the settlement, you must exclude yourself by letter postmarked by August 27, 2019.  The detailed or “Long Form” notice explains how to exclude yourself or object.  You may also call 1-866-742-4955 for details.

The Court will hold a hearing in this case on October 11, 2019 at 9:00 a.m. in Courtroom 7 – 19th Floor, San Francisco Courthouse, 450 Golden Gate Avenue, San Francisco, CA 94102.  At this hearing, the Court will consider whether to approve the settlement and whether to approve class counsel’s application for attorneys’ fees, expenses, and incentive awards. 

You may appear at the hearing, but you do not have to.  You do not need to retain an attorney to appear at the hearing, but you have the right to do so.

PLEASE DO NOT CONTACT THE COURT REGARDING THIS MATTER.