If you purchased Vizzy Hard Seltzer products, a class action Settlement may affect you.
This notice may affect your rights. Please read it carefully.
Important Dates
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A proposed class action Settlement has been reached in cases alleging Vizzy brand hard seltzer beverages (the “Products”) were unlawfully and misleadingly labeled as “with antioxidant vitamin C from acerola superfruit.”
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You are a Settlement Class Member if you purchased any Vizzy brand hard seltzer beverage in the United States between January 1, 2020, and March 10, 2023, except for the purpose of resale.
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To settle the case, Defendant has agreed not to use the phrase “with antioxidant vitamin C from acerola superfruit” in connection with the labeling and marketing of in the Products. In addition, Defendant will pay $9,500,000 into a Settlement Fund. This fund will be used to pay Valid Claims as well as attorneys’ fees and expenses, incentive awards, and class administration and other costs.
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If you make a Valid Claim in the settlement, you will receive a Cash Payment for each unit of any Product that you purchased, subject to the maximums and minimums set forth below. A “24-pack Unit” means a single quantity of a 24-pack of the Product; a “12-pack Unit” means a single quantity of a 12-pack of the Product; and a “Single Can Unit” means a single quantity of either a 24-ounce can or 16-ounce can of the Product.
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Each member of the Settlement Class who submits a Valid Claim will receive a Cash Payment as follows: (i) five dollars ($5) per 24-pack Unit of the Product purchased; three dollars ($3.00) per 12-pack Unit of the Product purchased; and seventy-five cents ($0.75) for each Single Can Unit of the Product purchased. A Class Member who does not provide valid Proof of Purchase shall recover a maximum of $15.00. The Minimum Cash Payment for any Valid Claim shall be $6.00 per Household. However, the Cash Payment amount may be reduced pro rata depending on the number of Valid Claims and other factors.
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Molson Coors Beverage Company USA LLC (“Defendant”) contends that the label claims are expressly true and denies that it did anything wrong. Notwithstanding, the parties have agreed to settle the cases with no admission of who is right or wrong, and Defendant has agreed to change its labeling and provide Cash Payments to Settlement Class Members.
This notice summarizes the proposed Settlement. For the precise terms and conditions of the Settlement, please see the settlement agreement available at the Important Documents page. Alternatively, you can contact the Claim Administrator at: Vizzy Settlement Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103, or class counsel at Gutride Safier LLP, 100 Pine Street, Suite 1250, San Francisco, CA 94111 or vizzy@gutridesafier.com.
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.
| Your Legal Rights and Options in This Lawsuit: | |
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| Submit a Claim Form | The only way to receive a Cash Payment under the Settlement for your purchases. The deadline to submit a Claim Form online or postmarked by mail is June 6, 2023. |
| Ask to be Excluded | Get out of the lawsuit and the Settlement. If you opt-out, you may pursue a separate lawsuit, but you will receive no Cash Payment from this Settlement. Requests for exclusion must be submitted online or mailed and received by the Settlement Administratory by June 6, 2023. |
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File Objection Deadline: May 19, 2023 |
Write to the Court about any aspect of the Settlement you don’t like or you don’t think is fair, adequate, or reasonable. (If you object to any aspect of the Settlement, you must submit a written Objection by the Objection Deadline.) |
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Go to a Hearing July 12, 2023 at 2pm PT |
Speak in Court about the Settlement. (If you object to any aspect of the Settlement, you must submit a written Objection by the Objection Deadline noted above.) |
| Do Nothing | You will receive the benefit of labeling changes but you will not receive any Cash Payment; also, you will have no right to sue later for the claims released by the Settlement. |
- These rights and options—and the deadlines to exercise them—are explained in the Notice available on the Important Documents page of this website.
- The Court in charge of this case still has to decide whether to approve the Settlement. Cash Payments will be sent to Settlement Class Members only if the Court approves the Settlement. If there are appeals, Cash Payments will not be made until the appeals are resolved and the Settlement becomes effective. Please be patient and continue to check this website for updates.