SAN FRANCISCO, Aug. 5, 2024 /PRNewswire/ -- The following
notice is being issued by the Court-approved Class Administrator
and has been authorized by the U.S. District Court for the Northern
District of California, in
Milan v. Clif Bar & Co.,
No. 18-cv-2354-JD.
What is the lawsuit about? The lawsuit contends that
Clif Bar & Company
("Clif Bar") made certain statements
on the labels of various original Clif
Bars and Clif Kid ZBars ("Class Products") that are
allegedly misleading because the statements suggested
the bars are healthy, whereas Plaintiffs allege the
bars are unhealthy because of their added sugar. Clif Bar maintains that these products are not
unhealthy due to the presence of added sugars, and that the
statements on its bars are true and not misleading. The Court has
not determined whether Plaintiffs or Clif
Bar is correct.
Who is included? You are a Class Member if you
bought one of the Class Products for household use, and not for
resale or distribution, between April
2014 and March 2023 in
California or New York, or between March 2019 and March
2023 in any other State. The Class Products include Original
Clif Bars in packaging stating "Nutrition for Sustained Energy,"
and Clif Kid ZBars in packaging stating "No High Fructose Corn
Syrup;" "Nourishing Kids in Motion;" "In raising our family,
finding nutritious on-the-go snacks for our kids wasn't easy.
That's why we created Clif Kid –
wholesome, delicious snacks made with organic ingredients to help
keep kids going, growing, and exploring;" "Blend of carbs, fiber,
protein, and fat gives kids energy so they can keep Zipping and
Zooming along," and similar Challenged Claims (as identified in the
Complaint in the Action).
What does the settlement provide? Clif Bar has agreed to establish a $12,000,000 "Settlement Fund" to pay all
Settlement expenses, including the costs of class notice and
administration, attorneys' fees and costs, service awards for the
Plaintiffs, and cash refunds for Class Members who make valid
Claims. Your legal rights will be affected if you are a Class
Member and do not exclude yourself.
What are your options?
Submit A Claim: To receive Settlement benefits, you
must complete and submit a Claim Form. Claim Forms are available at
the Settlement Website, wwwBarsClassAction.com, and can be
submitted electronically or mailed to the Class Administrator. A
Claim Form must be submitted online or postmarked by
November 25, 2024.
Opt-Out or Object: If you opt-out or request exclusion,
you will retain your rights to sue Clif
Bar separately; however, you will not be eligible to receive
any benefits. You must submit a Request for Exclusion, available at
the Settlement Website, www.BarsClassAction.com. Request for
Exclusions must be postmarked on or before October 22, 2024. Detailed instructions are
available on the Settlement Website. You may also object to any
part of this Settlement. Details about how to object are available
at the Settlement Website. Objections must be mailed to the Class
Administrator and postmarked on or before October 22, 2024.
Do Nothing: If you do nothing, you will not be
eligible to receive any benefits and will be bound by the terms of
the Settlement Agreement and Final Judgment.
Has the Court approved the Settlement? No. The Court has
set a hearing for November 14,
2024, at 10:00 a.m.
California time, to determine
whether to approve the Settlement and what attorneys' fees,
expenses, and service payments to award. Class Counsel will file a
motion seeking an award of up to one-third of the Settlement Fund
in fees, and reimbursement of case expenses totaling up to
$917,584.35, plus any expenses
incurred after entry of the Preliminary Approval Order. Class
Counsel will also seek on behalf of the Class Representatives
Service Awards of $5,000 each for
Ralph Milan and Elizabeth Arnold. The Court will determine the
amount of fees, expenses, and service awards that will be paid from
the Settlement Fund.
After Class Counsel's motion for attorneys' fees, expenses, and
service awards is filed on or before September 9, 2024, it will be posted on the
Settlement Website and you will have an opportunity to review and
comment on the motion via an objection.
You do not need to appear at the Final Approval Hearing but you
may come at your own expense. The Court has appointed
Fitzgerald Monroe Flynn PC as Class Counsel. If you want to be
represented by your own lawyer, you may hire one at your own
expense.
This is only a summary of the key Settlement terms. A full copy
of the Settlement Agreement is available at the Settlement
Website.
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SOURCE Bars Class Action Administrator