Nicholas Cahill v. Nestle USA, Inc.

Circuit Court of Phelps County, Missouri

Case No. 22PH-CV01205

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 here contains 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 Notice carefully.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

 

SUBMIT CLAIM

You must submit a Claim to get money from this Settlement. Claim Forms must be submitted online or postmarked by March 14, 2023.

 

DO NOTHING

If you do nothing, you remain in the Settlement, you give up your rights to sue Defendant about the same legal claims made in this lawsuit, and you will not get money from the Settlement.

 

 

EXCLUDE YOURSELF

Get out of the Settlement. Get no money from the Settlement. Keep your rights.

This is the only option that allows you to keep your right to sue Nestle USA, Inc. about the claims in this lawsuit. You will not get any money from the Settlement. Your request 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 Settlement should not be approved. Objections must be RECEIVED by February 27, 2023.

 

GO TO A HEARING

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 Final Approval Hearing is scheduled for March 9, 2023.


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.

Call
(833) 709-0667
Mail
Cahill v. Nestle USA, Inc.
Kroll Settlement Administration LLC
PO Box 225391
New York, NY 10150-5391

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

Contact us with any inquiries, comments, and/or requests.

Submit Claim

Click here to safely and securely submit a Claim Form.

Registration

Registration

Important Dates

  • Claim Form Deadline

    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.

Important Documents

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