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Update: The Court entered its Final Order and Judgment Approving Class Action Settlement and Dismissing Class Action With Prejudice on August 22, 2012. Before any settlement payments can be made, all appeals filed must be resolved. You may find the Notice of Appeal under the Court Documents tab.
Overview Of The Settlement
Stacey B. Fishbein et al. v. All Market Inc. d/b/a Vita Coco, Case No. 11-CIV-5580 (JPO)
If you made retail purchases of Vita Coco Products between August 10, 2007 and the present, you may be entitled to a payment from a class action settlement.
A settlement has been reached in a class action lawsuit about whether All Market Inc. (d/b/a Vita Coco) (“Vita Coco”) misrepresented the health benefits and nutritional content of its Vita Coco Products, defined in the Stipulation of Settlement to mean “all coconut water products, regardless of product line, flavor, and/or unit size, marketed and sold by Vita Coco in the United States.”
Although Vita Coco denies all charges of wrongdoing or liability, it has concluded that further defense of the litigation would be protracted and expensive and has taken into account the uncertainty and risks inherent in this lawsuit. Vita Coco agreed to enter into the settlement to avoid the further costs and burdens of litigation and to resolve all claims that were or could have been brought against Vita Coco.
The Settlement Class includes all persons or entities in the United States who made retail purchases of Vita Coco Products between August 10, 2007 and the date in which the Court finally approves this settlement (the “Settlement Class Period”).
What Are My Options?
- The Claim Form Deadline was July 23, 2012: This was the only way to receive a payment.
- The Opt Out Deadline was July 23, 2012: This was the only option that allowed you to ever be a part of any future lawsuit against Vita Coco with respect to the legal claims in this case.
- The Objection Deadline was July 23, 2012: To object, you must have written to the Court if you didn’t like the settlement and told the Court why you thought it shouldn’t be approved.
- The Final Approval Hearing was held on August 22, 2012 at 2:30 p.m.
- Do Nothing: Get no payment. Give up your legal rights to sue Vita Coco about the claims in this case.
Please consult the Notice for more details on your options.
Final Approval Hearing
The Court held a Final Approval Hearing at 2:30 p.m. on August 22, 2012, in the United States District Court for the Southern District of New York, 500 Pearl Street, New York, New York, 10007-1312 in the Courtroom of the Honorable J. Paul Oetken. At this hearing, the Court approved the Settlement as fair, reasonable, and adequate. The Court also considered any objections filed and approved Class Counsel's attorneys' fees and expenses in the amount of $750,000 and approved the four class representative incentive awards in the amount of $2,000 each.
