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Barney’s Worldwide Inc. has agreed to settle a class action lawsuit over allegations it falsely listed menu items containing “Kobe” beef on its online and in store menus. If you are a California-based consumer who purchased any menu item that was advertised to contain Kobe beef at or from a California Barney’s Beanery restaurant between Oct. 3, 2008 and Jan. 27, 2014, you could be eligible for benefits from the Kobe beef class action settlement.
The Barney’s Beanery Kobe beef class action lawsuit was initially filed in October 2012 and accused Barney’s of false advertising, unfair business practices, violations of the Consumers Legal Remedies Act. The class action lawsuit alleged that the restaurant’s actions constitute fraud, intentional misrepresentation and negligent misrepresentation.
According to the Kobe beef class action lawsuit, “Kobe” beef is only available from the “Wagyu” bloodline of cattle from the Kobe region of Japan. Because the U.S. Department of Agriculture has banned the importation of beef and cattle since May 2010, the plaintiff alleges that the menu items at Barney’s Beanery restaurants do not actually contain Kobe beef. The class action lawsuit alleges Barney’s has misled consumers into believing that it sells items containing Kobe beef.
Barney’s has denied the allegations but has agreed to the class action settlement, which was preliminarily approved on Jan. 27, 2014.
Who’s Eligible
Class Members of the Kobe beef class action settlement include: “All California based consumers who were exposed to [Barney’s Beanery’s] online and/or in store menus, and who purchased a Subject Food Product (or any menu item that was advertised to contain “Kobe” beef on Defendant’s online and/or in store menus) at or from a [Barney’s Beanery] restaurant located in the State of California at any time from October 3, 2008 through January 27, 2014.”
Potential Award
$10-$15 in the form of a Barney’s Beanery gift card. If the total claims submitted exceed the available settlement funds, the payments will be reduced on a pro rata basis.
Proof of Purchase
None required. However, submitting a Barney’s Beanery sales receipt, credit card receipt or credit card statement showing a purchase of a meal in excess of $15 at any California Barney’s Beanery restaurant during the Class Period along with a Claim Form, signed under the penalty of perjury, will entitle Class Members to a $15 gift card.
To be eligible for a $10 Barney’s Beanery gift card, Class Members must submit a Claim Form, signed under the penalty of perjury, attesting that they purchased a meal in excess of $10 at any California Barney’s Beanery restaurant during the Class Period.
Claim Form Deadline
7/25/2014
Case Name
Krikor Nalbantian, et al. v. Barney’s Worldwide Inc., et al., Case No. BC493145, in the Superior Court of the State of California, County of Los Angeles
Final Hearing
9/17/2014
Settlement Website
Claims Administrator
Nalbantian v. Barney’s Worldwide Settlement Administrator
P.O. Box 43034
Providence, RI 02940-3034
1-866-529-4964
Class Counsel
Kevin Shenckman
Mary Ruth Hughes
SHENKMAN & HUGHES
Edwin Aiwazian
LAWYERS FOR JUSTICE PC
Defense Counsel
John J. Shaeffer
Amber Henry
LATHROP & GAGE LLP
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3 thoughts onBarney’s Beanery Kobe Beef Class Action Settlement
had no money on the card…wierd….
How many of you found the gift card had zero balance, when you went to use it?
Got a $10 gift card yesterday.