Examples:

• • Plaintiff McKinley bought Breyers Natural Vanilla ice cream multiple times in reliance on the “natural vanilla” representations on the label.
  • McKinley alleged he overpaid about $1 per container and wouldn’t have paid that much if he knew the vanilla flavor wasn’t exclusively from real vanilla.
  • Plaintiffs cited a price comparison showing a 1.5 quart Breyers Natural Vanilla was $4.67 at Walmart, while a 1.44 quart competing brand that disclosed artificial flavors was $3.52.
  • Lab testing allegedly showed the Breyers ice cream contained vanillin from non-vanilla sources, proving it was not flavored only by real vanilla beans as represented.
  • The complaint included photos of the Breyers Natural Vanilla label with “Natural Vanilla” text and imagery of vanilla beans, flowers and specks that allegedly implied real vanilla was the exclusive flavor source.

Key Lawsuit Facts:

• • The case was filed in March 2024 in New York state court in the Bronx against Conopco Inc. and Unilever United States Inc. who make and sell Breyers.
  • The amended complaint alleged two causes of action: 1) negligent misrepresentation, and 2) unjust enrichment on behalf of a nationwide class.
  • Plaintiffs sought both monetary damages and an injunction to stop Breyers’ allegedly false natural vanilla marketing.
  • The issues included whether the “Natural Vanilla” labeling and imagery would deceive a reasonable consumer and if Breyers was unjustly enriched by the premium pricing.
  • The complaint noted the subtle and complex distinctions between real vanilla and lab-created vanillin are difficult for scientists to detect, let alone average buyers.

FAQs:

• • What was allegedly misleading about the “Natural Vanilla” label? Breyers allegedly used that text and vanilla plant imagery to imply real vanilla was the sole flavoring when the ice cream actually contained undisclosed non-vanilla flavors and enhancers too.
  • How much more did Breyers allegedly charge for the mislabeled ice cream? About $1 more per 1.5 quart container compared to competitors who disclosed their non-vanilla flavoring.
  • What does the science say about Breyers’ vanilla flavoring? Lab tests allegedly showed the ice cream contained vanillin compounds from non-vanilla sources, proving it was not flavored exclusively with real vanilla as the label implied.
  • What’s a key legal issue in deceptive labeling cases? Whether the label would likely deceive a reasonable consumer, not just a rare outlier buyer.
  • Would buyers still have a claim if Breyers disclosed the non-vanilla flavors? Unlikely, if the labeling clearly identified all flavor sources so consumers knew what they were buying and could assess the value.

Examples:

• • If 500,000 class members filed claims for the $8 max without receipts and 100,000 filed for 5 products each with proof of purchase, the total claims would be $4,500,000 if all were approved.
  • After the proposed $3,175,000 for fees/costs, $10,000 for plaintiff awards, and ≈$500,000 admin expenses, about ≈$1,165,000 would remain for class payments.
  • With the above hypothetical claims totals, each claimant would likely get about 20-25% of their claimed amount due to proration, e.g. $1.60-$2 vs. $8 max w/o receipts.
  • A class member who bought 10 products with receipts could claim $10, while someone who bought 20 without proof of purchase could still only claim the $8 max.
  • If class participation is lower than the above example, claimants would get higher percentages of their claimed amounts, as the $8.85M doesn’t revert to Breyers.

Settlement Approval Process:

• • Plaintiffs filed their motion for preliminary settlement approval detailing the terms and notice plan, which the judge granted in August 2024.
  • A court-approved notice program will inform class members of their rights and options via press releases, online ads, and a case website.
  • Class members can file claims, object, or opt out by deadlines set by the court. The claim deadline is Feb. 19, 2025, the objection and opt-out deadlines are Oct. 31, 2024.
  • Plaintiffs will file a motion for final settlement approval at least 30 days before the final approval hearing, where the judge will assess the deal’s fairness.
  • If approved, the settlement will bind all class members who didn’t opt out. No settlement benefits can be paid until the final order and judgment is entered.

FAQs:

• • What’s the difference between a cash payment and a claims-made structure? A cash payment settlement pays class members a set amount automatically, while a claims-made deal like this requires class members to file claim forms to get paid based on their losses.
  • Why is the settlement non-reversionary? It means no unclaimed settlement funds revert to Breyers – the full $8.85M (minus fees/costs/awards) will go to paying class claims, even if more than expected claim.
  • Who qualifies as a class member eligible for benefits? Any consumer who bought any size of Breyers Natural Vanilla ice cream in the U.S. for personal use between April 21, 2016 and Aug. 14, 2024.
  • If final approval is granted, when would settlement payments go out? Likely within 3-6 months after final approval, depending on any appeals, so realistically the earliest checks would mail is late 2025/early 2026.
  • What claims are class members giving up if they participate in the settlement? Any and all claims related to the lawsuit allegations that were or could have been asserted, essentially any claims about the challenged labeling and marketing of the ice cream (but not personal injury claims).

Examples:

• • Taylor bought Breyers Natural Vanilla ice cream a few times a year, spending about $5 each time, so $40 over the class period. That loss may be worth the 5 minutes to file a claim for up to $8.
  • Jamie found receipts showing she bought the ice cream 15 times, spending about $75 total. Filing a claim with proof of purchase allows her to request the full $15 she spent.
  • Shawn remembers buying the product several times but has no records. He opts not to file a claim because it’s not worth the effort for what would likely be a $2 payout.
  • Alexis bought 3 containers she still has and photographed the labels and receipts to upload with her online claim form for $3. The process took under 10 minutes.
  • Jada thinks the natural vanilla label is still misleading, so she objects to the settlement terms rather than filing a claim to get a few bucks.

How to Submit a Valid Claim:

• • File online at the official settlement website or print and mail a paper claim form – both are quick and easy. Claims deadline: Feb. 19, 2025.
  • Provide your name, contact info, and the number of products purchased with or without receipts. Be honest – false claims are illegal!
  • Upload or attach copies of any proof of purchase, like receipts, online orders, store records. Circle or highlight the qualifying Breyers purchases.
  • For claims without receipts, estimate how many products you bought and the average price paid to the best of your recollection.
  • Select your payment option: digital payments like PayPal are faster than a mailed check. Keep the settlement website bookmarked for updates.

FAQs:

• • How much could I get for a claim without receipts? A max of $8 (for 8 products at $1 each) if your claim is approved. But if too many people claim, payments will be adjusted down proportionally.
  • Is there a limit on how many products I can claim with receipts? No, you can submit a claim for $1 per product for however many you can document you bought.
  • What if I bought way more than 8 products but don’t have receipts? You can still only recover up to $8 max for undocumented purchases under the settlement terms.
  • Will the claim administrators actually verify my receipts? Yes, they will review all submitted receipts and validate that they match the claimed purchases before approving payment.
  • What if my claim is rejected? If the administrator denies your claim or says your receipts don’t qualify, you can object in writing and ask the court to review the decision.

Examples:

• • Unhappy with the injunctive relief and wanting policy changes, the nonprofits Truth in Advertising and Consumers Union file objections detailing the settlement flaws.
  • An online form to opt out on the class website makes excluding easy. Kelly fills it out, agreeing to give up settlement benefits to preserve her lawsuit rights.
  • Jamal mails a letter to the settlement administrator clearly stating “I want to be excluded from the Breyers Natural Vanilla class settlement”.
  • Shauna objects to the “paltry $8 maximum recovery” as an unfair amount that lets Breyers off the hook too easily given years of alleged deception.
  • A group of class members represented by a consumer law firm submits an objection arguing the attorneys’ fees are too high as a percentage of the settlement fund.

How to Opt Out or Object:

• • To exclude yourself, submit the online opt-out form on the settlement website or mail a letter with your name, address, and clear opt-out statement.
  • For an objection, file it with the court and mail copies to class counsel and defense counsel. Include your name, address, factual and legal basis for objecting.
  • Note if you intend to appear and speak at the final fairness hearing, which you have a right to do as an objector. An attorney can represent you but isn’t required.
  • Explain if your objection applies only to yourself, a subset of the class, or the entire class. Provide any evidence supporting your arguments.
  • Mail exclusions or objections to: McKinley-Breyers Settlement, P.O. Box 1234, Springfield, IL 62777. Deadline for exclusions and objections: 10/31/24.

FAQs:

• • If I opt out, can I still file an objection? No, excluding yourself means you’re no longer a class member, so you can’t object to a settlement that no longer applies to you.
  • What’s the advantage of objecting vs. opting out if I disagree with the terms? Objecting lets you argue for changes while preserving your right to benefits if the settlement is still approved. Opting out provides no benefit option.
  • If I do nothing, am I included in the settlement? Yes, class action settlements bind all class members who don’t affirmatively opt out by the deadline. Doing nothing essentially means agreeing to the deal.
  • Why would someone opt out instead of just objecting? Some people want to preserve their right to sue in an individual case if they think they could get a better result than the class settlement provides.
  • What happens if I submit both an opt-out request and a claim form? Most settlements specify that a claim form will trump an opt-out if both are submitted, as it indicates your intent to participate in the settlement.

Questions: Breyers Settlement Overview

• • 1. What did the Breyers class action lawsuit allege?
    • A) The ice cream made people sick
    • B) The ice cream containers were underfilled
    • C) The ice cream was falsely labeled as “Natural Vanilla”
    • D) The ice cream used artificial growth hormone
  • 2. How much is the proposed class action settlement?
    • A) $2.5 million
    • B) $5 million
    • C) $8.85 million
    • D) $10 million
  • 3. What is the deadline to file a claim?
    • A) December 31, 2024
    • B) February 19, 2025
    • C) April 30, 2025
    • D) June 15, 2025
  • 4. What is the maximum amount a class member can get without proof of purchase?
    • A) $5
    • B) $8
    • C) $10
    • D) $20
  • 5. What must Breyers do as part of the injunctive relief in the settlement?
    • A) Stop selling the natural vanilla ice cream
    • B) Change the product formula to remove non-vanilla flavors
    • C) Offer the ice cream at a 50% discount
    • D) Donate ice cream to food banks

Answers: Breyers Settlement Overview

• • 1. C) The lawsuit alleged Breyers falsely labeled its ice cream as containing vanilla exclusively from vanilla beans when it actually included undisclosed non-vanilla flavors.
  • 2. C) Breyers agreed to an $8.85 million settlement to resolve the class action claims about the alleged mislabeling and consumer deception.
  • 3. B) Class members must submit claim forms by February 19, 2025 to request their share of the settlement benefits.
  • 4. B) Claimants can get up to $8 total for undocumented claims without proof of purchase, based on $1 per product for up to 8 products.
  • 5. B) Within 12 months of the settlement’s effective date, Breyers must change the product formula to remove non-vanilla flavors and stop labeling/marketing it as exclusively vanilla.

Questions: Your Options Under the Settlement

• • 1. What is the benefit of excluding yourself from the settlement class?
    • A) You can object to the settlement
    • B) You can still file a claim for payment
    • C) You can file or join another lawsuit on the same issues
    • D) You don’t have to do anything to get a payment
  • 2. If you disagree with the settlement terms, what can you do other than excluding yourself?
    • A) File an objection with the court
    • B) Negotiate directly with Breyers for a better deal
    • C) Do nothing and hope the judge rejects the settlement
    • D) Start a social media campaign against the settlement
  • 3. What is the deadline to exclude yourself or object to the settlement?
    • A) February 19, 2025
    • B) October 31, 2024
    • C) December 31, 2024
    • D) January 15, 2025
  • 4. If you don’t file a claim but also don’t exclude yourself, what happens?
    • A) You can still sue Breyers separately later
    • B) You will receive a payment automatically
    • C) You get no payment but give up your right to sue
    • D) You can join a different class action on the same issue
  • 5. If the court approves the settlement, what benefit do class members give up?
    • A) The right to a jury trial
    • B) The right to sue Breyers separately for the same issues
    • C) The right to an automatic cash payment without filing a claim
    • D) All of their consumer rights against Breyers for any reason

Answers: Your Options Under the Settlement

• • 1. C) Excluding yourself (opting out) allows you to retain your right to file or join a separate lawsuit against Breyers on the same labeling issues. But it means you can’t participate in this settlement.
  • 2. A) If you object to the settlement, you file your objection with the court and argue why you think the settlement is unfair. The judge will consider objections when deciding whether to approve the deal.
  • 3. B) The deadline for both exclusion requests and objections is October 31, 2024. These deadlines are earlier than the claim filing deadline to give the court time to evaluate the overall response before the final approval hearing.
  • 4. C) If you do nothing, you remain in the class and are bound by the settlement. That means you release your claims and can’t sue separately, but you get no payment unless you file a claim.
  • 5. B) By staying in the settlement class, you give up your right to sue Breyers separately over the same vanilla ice cream labeling and marketing issues. You don’t give up all rights against the company forever.