Settlement Reached in Jason, Avalon Organics Labeling Class Action

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According to a recent motion for a preliminary class action settlement, Hain Celestial has agreed to a $9.4 million settlement. Hain Celestial distributes products under brand names Jason and Avalon Organics, and the class action lawsuit accused the company of falsely labeling their products as organic.

The Hain Celestial class action lawsuit was originally filed in 2011, and in November 2014, a California federal judge granted Class certification to two Classes in the lawsuit. The Class has since been modified and for purposes of the settlement, it includes consumers as follows:

• Consumers who purchased Jason products in California from May 11, 2007 through Jan. 30, 2011.
• Consumers who purchased Avalon Organics products in California from May 11, 2007 until May 11, 2011.

The court explains the change from the initial Class certification, “Thus, the only difference between the two classes verified by the court and the proposed Settlement Class is that the Settlement Class excludes purchasers of post-reformulation Avalon Organics products by excluding purchases after May 11, 2011.”

The $9.4 million will be divided into $7.5 million for cash payments and another $1.85 million in coupons. Class Members who submit a valid claims form but do not have a receipt will be entitled to a refund for 50 percent of the purchase price up to $50 or a combination of cash and coupons. Those who have proof of purchase via a valid receipt will be eligible to receive a full refund.

Rosminah Brown and Eric Lohela, lead plaintiffs in the class action lawsuit, both said that they purchased the Jason and Avalon organics products due to the information expressed on the product labels. They assert that they paid a premium for the products, believing them to be organic by the name “Avalon Organics” and by the description “Pure, Natural & Organic” on the Jason product.

The plaintiffs alleged that the products were mostly made from ingredients that were nonorganic. In California, products can only be labeled as organic if they contain 70 percent or more of organic ingredients.

In May of this year, the judge granted a motion for summary judgment and adjudication. U.S. District Judge Laurel Beeler agreed that it was undisputed that at least some of the products by Hain Celestial were in violation of COPA (California Organic Products Act) and those violations could lead to possible violations of the California Unfair Competition Law and Consumer Legal Remedies Act.

After court approval of the settlement, Hain will be released from all of the claims but one. Hain claims that the water used in their products in organic, but it is allegedly nonorganic, according to the plaintiffs.

A final fairness hearing is currently scheduled for Oct. 8, 2015.

Claim filing instructions for the Jason, Avalon Organics class action settlement were not immediately available. Top Class Actions will update the Hain Celestial JASON, Avalon Organics Class Action Lawsuit with more information about the settlement once it becomes available. Keep checking TopClassActions.com or sign up for our free newsletter for the latest updates. You can also mark this article as a “Favorite” using your free Top Class Actions account to receive notifications when this article is updated.

Plaintiffs are represented by Mark N. Todzo of Lexington Law Group.

The Jason and Avalon Organics Class Action Lawsuit is Brown, et al. v. Hain Celestial Group Inc., Case No. 3:11-cv-03082, in the U.S. District Court for the Northern District of California.

UPDATE: Claim filing instructions for the JASON/Avalon Organics settlement are now available!

UPDATE 2: On Oct. 15, 2016, Top Class Actions viewers who submitted timely and valid claims for the Hain Celestial JASON, Avalon Organics class action settlement started receiving checks worth as much as $93! Congratulations to all our readers who filed a claim and got PAID!