How Do I Know If I Am Affected. By The Settlement? This case involves 600-watt and 900-watt model Nutribullet Blenders purchased in the United States or any of its territories between June 1, 2017 and [the date of entry of a preliminary approval order]. For purposes of Settlement only, the Court has conditionally certified a Settlement Class that is defined as all Persons who purchased, for non-commercial use and not for the purposes of resale, any Blender between June 1, 2017 and [the date of entry of a preliminary approval order] in the United States or any of its territories. If the Settlement does not become effective (for example, because it is not finally approved, or the approval is reversed on appeal), then this litigation will continue. What Is The Lawsuit About? Plaintiff alleges that Defendants advertised, marketed, and sold the 600-watt and 900-watt model Blenders without adequately informing consumers that the Blenders should not be operated continuously for more than one minute or be used to blend hot or warm ingredients. Defendants contend that the Blenders are safe and contain sufficient warnings. Defendants also contend that the Settlement Class has neither suffered any injury nor is it entitled to monetary or other relief. The Court has not determined whether Plaintiff or Defendants are correct. Why Is There A Lawsuit? While Defendants deny that there is any legal entitlement to any monetary relief, Plaintiff contends that the Defendants caused consumers to purchase the Blenders when they would not otherwise have done so and/or the Defendants caused consumers to pay more for the Blenders because they did not adequately disclose that the Blenders should not be operated continuously for more than one minute or be used to blend hot or warm ingredients. The lawsuit seeks to recover, on behalf of a class of all purchasers (except those who are otherwise excluded under the Settlement Agreement and those who purchased for resale purposes), money damages and a change of business and marketing practices. Why Is This Case Being Settled? Counsel for both Plaintiff and Defendants have determined that there is significant risk in continuing the litigation. Among other issues, there may be substantial difficulties establishing that:
How Do I Know If I Am Affected. By The Settlement? This case involves all Xxxxxxx’x Xxxxxx Ale Products, including Xxxxxxx’x Xxxxxx Ale, Seagram’s Diet Ginger Ale, Seagram’s Raspberry Ginger Ale, and Seagram’s Diet Raspberry Ginger Ale (the “Products”) purchased for personal use in the United States between April 1, 2013, and [date of preliminary approval]. For purposes of settlement only, the Court has conditionally certified the following Settlement Class: “All persons who, between April 1, 2013 and the date of Preliminary Approval, purchased any Xxxxxxx’x Xxxxxx Ale Product in the United States.” Excluded from the Class are: (a) all Persons who purchased or acquired the Product for resale; (b) The Coca-Cola Company, and its directors, officers, employees, principals, affiliated entities, legal representatives, successors and assigns; (c) any Person who files a valid, timely Opt-Out request; (d) federal, state, and local governments (including all agencies and subdivisions thereof, but excluding employees thereof); (e) counsel for the Parties; and
