WHOLE FOODS, GT’S KOMBUCHA CLASS ACTION SETTLEMENT

A settlement has been proposed in a class action lawsuit alleging Millennium Products Inc. and Whole Foods Market Inc. misrepresented the alcohol, sugar, and antioxidant content of certain GT’s kombucha products.

If you purchased GT’s kombucha products between March 11, 2011 and Feb. 27, 2017, you may be entitled to benefits from the kombucha class action settlement.

The kombucha products covered by this class action settlement include several varieties of GT’s Classic Kombucha, Classic Synergy, Enlightened Kombucha and Enlightened Synergy products.

The GT’s kombucha class action lawsuit alleges Millennium mislabeled the products by advertising and labeling them as non-alcoholic even though they contain more alcohol than is permitted in order to label them as non-alcoholic beverages; failing to include added sugar as an ingredient on the label even though the products allegedly contain added sugar; understating the amount of sugar included in the kombucha products; and including the term “antioxidant” on the labels even though the kombucha products do not actually contain antioxidants.

Whole Foods was named in the kombucha class action lawsuit because the grocery chain allegedly violated the law by reselling the allegedly mislabeled GT’s kombucha products.

Millennium and Whole Foods deny any wrongdoing and maintain the kombucha product labels were not misleading and did not violate the law. However, they have agreed to pay up to $8.25 million to settle the kombucha class action lawsuit.

By agreeing to the kombucha class action settlement, Millennium and Whole Foods can avoid the expense and uncertainty of ongoing litigation.

In addition to offering compensation to eligible Class Members, Millennium has also agreed to make labeling changes to address the issues alleged in the kombucha class action lawsuit and to have samples of the products tested by a third-party laboratory to ensure they continue to comply with federal and state labeling standards.

Class Members who would like to opt out of or object to the GT’s kombucha settlement must do so no later than July 3, 2017.

Who’s Eligible

Class Members of the GT’s kombucha settlement include anyone who, between March 11, 2011 and Feb. 27, 2017, purchased one or more of the following kombucha products:

  • Classic Kombucha: Original, Citrus Gingerade, Multi-Green, Third Eye Chai
  • Classic Synergy: Cosmic Cranberry, Maqui Berry Mint, Divine Grape, Gingerberry Raspberry Rush, Strawberry Serenity, Superfruits, Trilogy
  • Enlightened Kombucha: Botanic No. 3, Botanic No. 7, Botanic No. 9, Citrus, Gingerade, Multi-Green, Original
  • Enlightened Synergy: Black Chia, Cosmic Cranberry, Cherry Chia, Gingerberry, Grape Chia, Green Chia, Guava Goddess, Mystic Mango, Passionberry Bliss, Raspberry Chia, Strawberry Serenity, Trilogy
Potential Award

Up to $60 or product vouchers.

Class Members are entitled to receive a cash payment of up to $3.50 or a product voucher for each eligible product purchased during the Class Period. The product vouchers are redeemable for a free Millennium product.

The actual amount each claimant will receive depends on the total number of valid claims filed. If the total value of all approved claims is greater than the amount of money available to pay the claims, payments to Class Members may be reduced proportionally.

Proof of Purchase

Not required. However, Class Members who submit proof of purchase can claim up to $60 from the kombucha settlement. Class Members without proof of purchase can claim up to $35.

Claim Form Deadline

5/30/2017

Case Name

Retta, et al. v. Millennium Products Inc., et al., Case No. 2:15-cv-01801-PSG-AJW, in the U.S. District Court for the Central District of California

Final Hearing

7/31/2017

Settlement Website
Claims Administrator

Millennium Settlement Claims Administrator
c/o Angeion Group
1801 Market Street, Suite 660
Philadelphia, PA 19103
1-855-551-7371
Email: MillenniumSettlement@AdministratorClassAction.com

Class Counsel

L. Timothy Fisher
Yeremey Krivoshey
BURSOR & FISHER PA

Defense Counsel

Millennium represented by:
Scott M. Voelz
Daniel J. Faria
O’MELVENY & MYERS LLP

Whole Foods represented by:
James M. Lee
Joe H. Tuffaha
David Crane
LTL ATTORNEYS LLP