Hypotheticals:

• • Leslie saw “20G PLANT PROTEIN” in big letters on a Beyond Burger package and thought that meant 40% of her daily protein needs would be met.
  • The nutrition label showed 20g of protein per Beyond Sausage serving, but independent lab testing found it was actually only around 13g.
  • An athlete like Jorge needs “complete proteins” with all 9 essential amino acids, but pea protein is lower quality and not as digestible as meat.
  • Tim bought Beyond Beef at a premium price over 80/20 ground chuck because he wanted the higher protein content for his workouts.
  • While still denying liability, Beyond Meat agreed to create a $7.5 million settlement fund to avoid the expense and risks of ongoing litigation.

Key Takeaways:

• • Protein claims for many Beyond Meat items allegedly inflated the actual protein content as determined by federally mandated testing methods.
  • The “quality” of plant proteins is lower than animal proteins due to amino acid profiles and digestibility differences.
  • Consumers argued they relied on the overstated protein claims in paying higher prices for these trendy meatless options.
  • While still proclaiming its innocence, Beyond Meat agreed to a $7.5M deal to put the protein labeling dispute to rest and compensate consumers.
  • You may be owed money if you purchased popular products like Beyond Burgers, Beef, Sausages or Breakfast Links from 2018-2024.

FAQs:

• • What’s this settlement all about in a nutshell? Beyond Meat agreed to pay $7.5M to settle claims it overstated the protein in many of its products.
  • Why does protein “quality” matter? Your body’s ability to utilize the protein you eat for building muscle, etc. depends on the amino acids present and how digestible it is.
  • Does Beyond Meat admit it did anything wrong? No, the company denies all allegations but settled to cut its losses rather than keep fighting in court.
  • How do I know if I qualify for money back? If you bought any Beyond Meat product for household use from May 2018 through August 2024, you’re part of the settlement class.
  • Are Beyond Meat’s plant proteins really not as good as animal proteins? While they can be part of a healthy diet, plant proteins generally aren’t as complete or bioavailable as meat.

Hypotheticals:

• • Sheila saved her receipt showing she bought a pack of 4 Beyond Sausages for $8.99 at Kroger in 2021, so she could get $2 x 4 = $8 back.
  • Over the past few years, Jamal purchased dozens of Beyond Burgers and Beef packages but didn’t keep his receipts. He’ll be capped at $10 total.
  • Luis bought some Beyond Meat products for his household using his restaurant’s wholesale account at Costco. He kept the receipts and can attest it was for personal use.
    
  • Karen grabbed an Impossible Burger at a fast food joint and wondered if that counted, but no dice – only actual Beyond Meat brand items are included.
  • Ryan didn’t think he could participate since he had no proof of purchase, but was glad to learn he could still get up to $10 based on his household purchases, no questions asked.

How to Proceed:

• • Confirm any Beyond Meat products you bought from May 2018 through August 2024 were for your own household use, not for resale.
  • Try to dig up and set aside any itemized receipts, bank or credit card statements, or online order records showing those purchases if possible.
  • If you don’t have proof of purchase, think back to estimate how many products your household bought and what you paid to see if it exceeds $10 total.
  • Check the settlement website FAQs or call the claims administrator if you’re unsure whether any of your purchases qualify for compensation.
  • Get ready to submit a simple claim form online or by mail – but no need to do it yet, as the claims process won’t officially open until after final approval.

FAQs:

• • What if I bought Beyond Meat items for a BBQ but some guests took them home? As long as you initially bought them for your own household’s consumption, they should count.
  • Do subscription deliveries like from Amazon count? Yes, as long as they were shipped to your house and intended for your household’s use.
  • If I bought Beyond Meat for personal use but got reimbursed by my employer, can I still claim it? Yes, if you can attest it was purchased for your own household consumption.
  • Can I get money back if I only have debit/credit statements showing a total at a grocery store, but not an itemized receipt? No, you need proof specifically showing Beyond Meat purchases.
  • What if I bought a bunch to donate to a food bank – does that count as household use? No, the products must have been bought for consumption by your own household members.

Hypotheticals:

• • After seeing a notice about the final approval, Jack goes to the website listed and clicks the “Submit a Claim” button to access the online form.
  • Jill prints out the PDF claim form, carefully fills in her info and purchase details by hand, and drops the completed form in the mail before the deadline.
  • Denzel estimates he bought about 20 Beyond Meat items totaling around $200 since 2018, but notes he’s claiming the max $10 since he doesn’t have receipts.
  • Camilla scans in 35 grocery receipts highlighting her Beyond Meat buys in green and uploads each file while filling out her online claim form.
  • Chris selects the Venmo option and double checks that he entered his username correctly so his payment doesn’t get lost in cyberspace.

How to Proceed:

• • Keep an eye out for an email update or check the settlement website in early 2025 to see if/when the judge grants final approval to start the claims process.
  • Gather the receipts or other proof of purchase you set aside and get them ready to submit online or by mail once the claim form is available.
  • If you don’t have receipts, sit down and do your best to estimate the total number of Beyond Meat products your household bought and the approximate cost.
  • Read the short claim form carefully, fill in all required info accurately, select a payment method, attest that it’s truthful, and submit it well before the deadline.
  • Be patient but vigilant in monitoring your email, the website, and your selected payment method account for further updates and your money arrival.

FAQs:

• • What’s the deadline to submit a claim form and any proof of purchase? The judge will set a specific deadline as part of final approval, but you’ll likely have at least 3-4 months.
  • Is it better to file my claim online or by mail? Online is faster and enables you to upload receipts easily, but either method is fine as long as you submit before the deadline.
  • Should I round up or down if I’m estimating my purchases? Round down to be conservative – if you claim more than you actually bought, your whole claim could get denied.
  • Will I get confirmation after submitting my claim? Yes, you should get an automated email or postcard acknowledging receipt, and later an update on whether it was approved/denied.
  • What if I miss the claim deadline – can I still get paid? No, you must submit a valid claim during the designated claims period to get money from the settlement.

Hypotheticals:

• • Amy opts out because she already filed her own lawsuit against Beyond Meat and doesn’t want this settlement to interfere with her case.
  • Skeptical of class actions, Dan writes to object, arguing the $7.5M fund is too small and the attorneys are seeking too big of a cut for themselves.
  • Steve skips the claim process because it seems like too much hassle for a small payout, but then realizes too late he’s getting nothing but still giving up his rights.
  • Fired up about the protein issue, Lisa travels to the courthouse on final approval day to personally tell the judge why she thinks it’s a bad deal.
  • After getting her $36 Venmo payment, Gina wonders if she could file her own class action over the exact same thing, but realizes she gave up that right.

How to Proceed:

• • Consider whether you want to just submit a claim, formally exit the class, do nothing, or take the time to object or show up in court.
  • If opting out to preserve your right to sue separately, submit your exclusion request in writing to the settlement administrator by November 29, 2024.
  • To object, file a written statement with the court detailing the specific reasons for your objection, following the instructions on the settlement website.
  • If you feel strongly about speaking at the final approval hearing, indicate that on your objection and arrive at court early on the scheduled day.
  • As long as you don’t opt out, realize that you’ll be giving up your individual rights to sue separately about the protein claims, even if you do nothing else.

FAQs:

• • What happens if I do nothing at all? You get no money but still give up your right to sue Beyond Meat on your own over its past protein content claims.
  • Can I object to the settlement but still get a payment? Yes – filing an objection doesn’t prevent you from still submitting a claim for compensation too.
  • If I opt out, can I change my mind and rejoin the settlement later? No, excluding yourself is final and means you can’t participate in this deal, object, or get paid.
  • Does opting out give me a better shot at suing Beyond Meat on my own for more money? It preserves your right to do so, but an individual suit may be expensive and difficult.
  • What claims are we giving up if we stay in the settlement? The right to sue Beyond Meat separately for overstating its products’ protein content from May 2018 through August 2024.

Hypotheticals:

• • Beyond Meat’s lawyers racked up over 3,500 billable hours working on this case, so they’re asking for about $900 per hour in fees, or $2.5 million total.
  • The attorneys flew around the country taking dozens of depositions and hired several pricey expert witnesses, spending $400K total they hope to recoup.
  • So if the judge grants counsel’s full fee request, $3M will go to the lawyers first, leaving only $4.5M to be split among all the claimants who submit valid forms.
  • Sally, the first plaintiff to come forward, will ask for an extra $2,500 for her extensive work with the lawyers and appearance at the key mediation session.
  • Mark plans to object and argue the lawyers should only get 20% in fees, not 33%, so more money is available to pay consumer claims.

How to Proceed:

• • Realize that a large chunk of the settlement fund will likely go to pay the plaintiffs’ attorneys’ fees and expenses rather than claimants.
  • Read class counsel’s motion for fees carefully to see what they’re asking for, how they justify it, and what it could mean for your recovery.
  • Consider that fees come out of the set $7.5M fund in this case, so the more that goes to lawyers, the less that’s left over to pay claims to consumers.

FAQs:

• • What’s a typical attorneys’ fee in a class action like this? 25-35% is a standard range, so counsel’s request for a 33.3% cut is on the higher end but not unheard of.
  • Do the lawyers get all their fees and costs reimbursed no matter what? No, it’s ultimately up to the judge – if they think the request is too high, they can award less.
  • Why should the lead plaintiffs get extra money? Courts often allow small incentive awards to compensate class reps for their extra effort in stepping up to help litigate the case.
  • What happens if there’s money left over in the settlement fund after paying all the valid claims? It likely won’t revert to Beyond Meat but rather be donated to charity or a consumer protection fund.
  • Could we end up getting more money if lots of class members opt out or file objections? Potentially, if it led to Beyond Meat backing out of the deal or the judge rejecting it, but that’s very unlikely.

Questions: Show What You Know!

• • 1. How much is Beyond Meat putting into the settlement fund?
    • A) $2.5 million
    • B) $5 million
    • C) $7.5 million
    • D) $10 million
  • 2. What’s the most a household can get without proof of purchase?
    • A) $5 total
    • B) $10 total
    • C) $20 total
    • D) Unlimited
  • 3. How much can you get per item if you have receipts?
    • A) $1 each
    • B) $2 each
    • C) $3 each
    • D) $5 each
  • 4. What’s the deadline to opt out or object to the settlement?
    • A) August 14, 2024
    • B) November 29, 2024
    • C) January 23, 2025
    • D) April 14, 2025
  • 5. When will the final approval hearing take place?
    • A) August 14, 2024
    • B) November 29, 2024
    • C) January 23, 2025
    • D) April 14, 2025

Answers: Let’s See How You Did!

• • 1. C) Beyond Meat agreed to pay $7.5 million total to settle the protein labeling class action lawsuit.
  • 2. B) Households can claim up to $10 total for products bought without proof of purchase, at $2 per item bought.
  • 3. B) If you submit itemized receipts, you can get $2 per product purchased with no cap on the total.
  • 4. B) The deadline for class members to either opt out of or object to the settlement terms is November 29, 2024.
  • 5. C) The judge will hold a final approval hearing on January 23, 2025 to assess the deal’s fairness.