Motion for Preliminary Approval of Class Action Settlement in Coca Cola Juice Advertising Case

Saeidian v. The Coca Cola Co., No. 2:09-cv-6309 (C.D. Cal.): Plaintiff filed an unopposed motion for preliminary approval of class action settlement in this putative class action alleging violations of California's UCL and FAL, based on the allegation that Defendant's Minute Maid brand juice products were deceptively marketed as containing primarily blueberry and pomegranate juices, when in fact the products were largely composed of cheap filler juices (e.g., apple and grape juices). The terms of the proposed settlement are: (1) Defendant agrees to provide a full and complete cash refund of the retail purchase price for all class members' claims that are accompanied by proof of purchase (with no cap on the amount recoverable); (2) Defendant will provide product replacement vouchers valued at $4.99 to the first 200,000 class members lacking proof of purchase that submit a valid claim form; (3) Defendant agrees to pay the costs of notice and settlement administration, up to $400,000; (4) Defendant will pay an award of attorneys' fees and costs which will not exceed $700,000; (5) Defendant agrees to pay the class representative an incentive award of $5,000. Order.