If You Purchased Certain Coffee mate® Powder Creamer Product(s) Between January 1, 2017, and December 8, 2022, a Class Action Settlement May Affect Your Rights
A court authorized this notice.
You are not being sued. This is not a solicitation from a lawyer.
•A proposed Settlement has been reached in a class action lawsuit (the “lawsuit”) called Nicholas Cahill v. Nestle USA, Inc., pending in Phelps County Circuit Court, Missouri. The lawsuit alleges that (i) the Label on certain Coffee mate® powder coffee creamer Products manufactured by Nestle USA, Inc. states that the Products are capable of making up to a specified number of servings, and (ii) the Products do not always yield the represented number of servings when consumers follow the “Serving Size” instructions on the Label. Accordingly, the lawsuit alleges that the Products were inaccurately Labeled. The plaintiff has yet to prove any of its allegations in court. Nestle USA, Inc. denies these allegations and asserts that its Labeling and marketing is truthful, accurate, and FDA compliant. However, Nestle USA, Inc. has settled this case to avoid the expense and disruption associated with further litigation.
•You are included in the Settlement if, between January 1, 2017, and December 8, 2022, you purchased for personal use (i.e., not for resale) at least one or more specific Coffee mate® brand powder coffee creamer Products manufactured by Nestle USA, Inc.
•The list located herecontains the Coffee mate® brand powder coffee creamer Products that are included in the Settlement.
•To Settle the lawsuit, Nestle USA, Inc. has agreed to:
Make changes to the Label on certain Products; and
Provide a Maximum Settlement Amount of $10,000,000 to pay the following: Valid Claims to individuals who live in the United States and purchased certain Coffee mate brand powder coffee creamer Products for personal use during the Class Period, Attorneys’ Fees and Costs Award, and Class Representatives Service Awards. If the Valid Claims made, the Attorneys’ Fees and Costs Award, and Class Representatives Service Awards in the aggregate exceed the Maximum Settlement Amount, then the Benefits paid for Valid Claims will be reduced, pro rata.
Pay reasonable Administration Expenses.
Your legal rights will be affected regardless of whether you do or do not act. Read the Noticecarefully.
YOURLEGALRIGHTSANDOPTIONSINTHISSETTLEMENT
SUBMITCLAIM
You must submit a Claim to
get money from this Settlement. ClaimFormsmustbesubmittedonlineorpostmarkedbyMarch 14, 2023.
DONOTHING
Ifyoudonothing,youremainintheSettlement,yougiveupyour
rights to sue Defendant about the same legal claims made in this lawsuit, and
you will not get money from the Settlement.
EXCLUDE YOURSELF
GetoutoftheSettlement.GetnomoneyfromtheSettlement. Keep your rights.
This is the only option
that allows you to keep your right to sue Nestle USA, Inc.abouttheclaimsinthislawsuit. You will not get any money from
theSettlement. Yourrequest to exclude yourself (Opt-Out)
must be RECEIVED by February 27, 2023.
OBJECT
Stay in the Settlement,
but tell the Court why you think the Settlementshouldnotbeapproved.ObjectionsmustbeRECEIVED by February 27, 2023.
GOTOAHEARING
You can ask to spear in Court about the fairness of the Settlement, at your own expense. See questions 16-18 here, for more details.
The Court in charge of this lawsuit has preliminarily approved the Settlement and will hold a hearing to make a final decision to approve it. The proposed relief offered to Settlement Class Members will be provided only if the Court gives final approval to the Settlement and, if there are any appeals, after the appeals are resolved in favor of the Settlement.
This website is authorized by the Court, supervised by counsel and controlled by Kroll Settlement Administration LLC, the Settlement Administrator approved by the Court. This is the only authorized website for this case.
Tuesday, March 14, 2023
You must submit your Claim Form online no later than March 14, 2023 at 11:59 PM CT, or mail your completed paper Claim Form so that it is postmarked no later than March 14, 2023.
Exclusion Deadline
Monday, February 27, 2023
You must complete and mail your Request for Exclusion form so that it is received no later than February 27, 2023.
Objection Deadline
Monday, February 27, 2023
You must mail your Objection(s) and/or notice of intent to appear at the Final Approval Hearing so that it/they are received no later than February 27, 2023.
Final Approval Hearing Date
Thursday, March 9, 2023
The Final Approval Hearing is scheduled for March 9, 2023. Please check this website for updates.
