U.S. District Court of Southern California - Case No. 3:19-cv-00169-RBM-BGS
If you purchased Barlean's Organic Virgin Coconut Oil, Organic Culinary Coconut Oil, or Organic Butter Flavored Coconut Oil, you may be entitled to a cash payment.
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A proposed Settlement has been reached in a class action lawsuit known as Testone et al. v. Barlean’s Organic Oils, LLC, Case No. 3:19-cv-00169-RBM-BGS, pending in U.S. District Court in the Southern District of California.
• The lawsuit claims that Barlean’s, which marketed and sold the Barlean’s Organic Virgin Coconut Oil, Organic Culinary/Gourmet Coconut Oil, and Organic Butter Flavored Coconut Oil (collectively, the “Coconut Oil Products” or “Products”) violated certain California, New York, and federal laws by misleadingly marketing the Products as healthy. Barlean’s denies the allegations and any wrongdoing. However, to avoid the cost of litigation, and potential risks for both sides, the parties have reached a Class Action Settlement Agreement, which was preliminarily approved by the United States District Court for the Southern District of California on November 10, 2022. The two sides disagree on what relief, and how much, could have been won, if any, if the Class won at trial. The Settlement avoids costs and risks to you from continuing the lawsuit, provides relief to affected persons like you, and releases Barlean’s and others from liability for related claims.
• If you purchased, for personal use, Barlean’s Organic Virgin Coconut Oil (16-, 32-, or 60-oz.), Barlean’s Organic Culinary/Gourmet Coconut Oil (32-, or 60-oz.), or Barlean’s Organic Butter Flavored Coconut Oil (16- or 32-oz.), between January 24, 2015 and November 10, 2022, you may be a member of the Settlement Class.
• The proposed class action settlement will provide $1,612,500 in funds to pay all aspects of Settlement (the “Common Fund”), including Class Member claims, notice, administration, Plaintiffs’ service awards, legal expenses, and attorneys’ fees. Barlean’s will also be prohibited from using any of the Challenged Claims for five years, absent a change in law.
• Eligible Class Members who timely file a claim may receive between $3.00 to $7.00, per unit, depending on the size of the product, for up to five (5) units (single containers) of the Coconut Oil Products without Proof of Purchase. Class Members who timely submit claims with valid proof of purchase, as determined by the Claims Administrator, will receive the allotted amount for each unit that they submit valid proof of purchase. The total amount of funds to be claimed by Class Members will be calculated based on the total number of people who file claims and will be adjusted up or down accordingly.
YOUR RIGHTS AND CHOICES
File a Claim
The only way to receive benefits from the proposed Settlement is to file a claim. Claim Forms may be submitted online or mailed to the Claims Administrator. Claims must be submitted or postmarked no later than January 19, 2023.
Deadline: January 19, 2023
Exclude Yourself
If you do not want to be included in the Settlement, you may complete the Opt-Out form online or print an Opt-Out Form from theDocuments section of this website, fill out and sign the form, and mail it to the class action administrator, postmarked on or before January 19, 2023. You will keep your right to sue Defendant about the claims in this case, but you will not receive money. Detailed instructions and answers to questions on how to exclude yourself can be found on the Frequently Asked Questions page of this website.
Deadline: January 19, 2023
Object/Comment
You have the right to object to or comment on the Settlement and still get benefits. If you want to object to or tell the Court what you think about the Settlement, you must submit your objection/comment in writing by January 19, 2023. Detailed instructions on how to object or comment are found on the Frequently Asked Questions page of this website.
Deadline: January 19, 2023
Do Nothing
You will not receive any benefits from the Settlement. You will be legally bound by decisions of the Court and you give up your right to sue the Defendant relating to the claims resolved by this Settlement.
This website is authorized by the Court, supervised by counsel and controlled by Kroll Settlement Administration, the Settlement Administrator approved by the Court. This is the only authorized website for this case.
Call
833-709-0893
Mail
Testone v. Barlean's Organic Oil, LLC c/o Kroll Settlement Administration P.O. Box 225391 New York, NY 10150-5391
Click here to safely and securely submit a Proof of Residency.
Important Dates
Opt-Out Deadline
Thursday, January 19, 2023
You must complete and mail your Opt-Out/Exclusion Request form so that it is postmarked no later than January 19, 2023.
Objection Deadline
Thursday, January 19, 2023
You must mail your objection(s) and/or notice of intent to appear at the Final Approval Hearing so that it/they are postmarked no later than January 19, 2023.
Claim Submission Deadline
Thursday, January 19, 2023
You must submit your Claim Form online no later than January 19, 2023.
Fairness Hearing Date
Friday, March 3, 2023
The Fairness Hearing is scheduled for March 3, 2023. Please check this website for updates.
