Tuesday 27 September 2022

Consumers who purchased K Cup single serve coffee pods labeled as recyclable could be reimbursed

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SAN FRANCISCO, USA – The following statement is being issued by Kroll Settlement Administration regarding the K Cup Recyclable Settlement. A proposed settlement has been reached in a lawsuit known as Smith v. Keurig Green Mountain, Inc., Case No. 4:18-CV-06690-HSG, in United States District Court for the Northern District of California (the “Action”).

The Plaintiff in the case being settled alleges that K Cup single serving coffee pods were labeled as being recyclable when they were not widely recyclable. Keurig denies any wrongdoing but has agreed to a settlement to avoid the expense of continued litigation.

Who is a Settlement Class Member?

Consumers are considered Settlement Class Members if they purchased K Cup single serving coffee pods labeled as recyclable in the United States for personal, family or household purposes between June 8, 2016, and August 8, 2022.

Excluded from eligible Class Members are (a) Keurig, (b) Keurig’s Affiliates, (c) the officers, directors, or employees of Keurig and its Affiliates and their immediate family members, (d) any legal representative, heir, or assign of Keurig, (e) all federal court judges who have presided over this Action and their immediate family members; (f) the Hon. Morton Denlow (Ret.) and his immediate family members; (g) all persons who submit a valid and timely Request for Exclusion from the Class; and (h) those who purchased K Cup single serving coffee pods labeled as recyclable for the purpose of resale.

What does the Settlement Provide?

  1. The settlement provides $10 million to pay valid claims (along with claims administrator costs, attorney fees and costs, and class representative awards) as follows: With Proof of Purchase: Class Members can get $3.50 per 100 pods, up to $36.00 maximum per household, or they can get $6.00 minimum per household regardless of quantity purchased. Without Proof of Purchase: Class Members can get $5.00 per household from the Settlement. In each case, they must submit a valid Claim Form by January 9, 2023. The actual amount received may vary based on the total number of claims filed.
  2. Keurig also agrees to include the following qualifying statement, clearly and prominently, when it makes any recycling representation in connection with selling the pods: “Check Locally – Not Recycled in Many Communities.”

What are Your Rights?

  • Do Nothing: Class Members who do nothing will stay in the Settlement, but will not get money, and they give up the right to sue over the claims in this settlement.
  • File A Claim: Class Members must submit a valid Claim Form no later than 11:59 p.m. Pacific Time on January 9, 2023 to get money from the Settlement.
  • Exclude: Class Members can exclude themselves from the Settlement and keep the right to sue about the claims in this lawsuit, but they will not get any money. Exclusion requests must be received by October 24, 2022.
  • Object: Class Members can remain in the Settlement but tell the Court why they think the Settlement should not be approved. Objections must be postmarked no later than October 24, 2022. Details on how to object are on the website.

A Final Approval Hearing will be held on December 8, 2022 at 2:00 p.m. PT at Courtroom 2 of the United States Courthouse, 1301 Clay Street, Oakland, California, to consider approval of the Settlement, a payment up to a total of $3,000,000 for Class Counsel for attorneys’ fees, plus Class Counsel’s expenses, and Class Representative incentive awards not to exceed $5,000 for Plaintiff Smith and $1,000 to Plaintiff Downing.

All motions filed by Class Counsel will be available on the website. You may appear at the hearing, but you do not need to.

This is only a summary. More details about the Proposed Settlement and instructions on how to file a claim, object, or request to be excluded are available at www.KcupsRecyclingSettlement.com or by calling 1-833-620-3588.

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