Flax USA Flax Milk Class Action Lawsuit Settlement

Flax USA Inc. has reached a class action lawsuit settlement over claims it deceptively labeled its flax milk products as “All Natural.” If you purchased flax milk sold by Flax USA in the United States between Nov. 5, 2009 and Sept. 22, 2014, you may be eligible to claim up to $32.50 from the Flax USA flax milk class action settlement.

The flax milk settlement resolves a class action lawsuit (Madenlian v. Flax USA) that claims consumers were misled into purchasing Flax USA flax milk products based on the misleading statement: “All Natural Dairy Free Beverage.”

Plaintiffs allege the statement is misleading because the products contain the following artificial or synthetic ingredients: Tricalcium Phosphate, Xanthan Gum, Vitamin A Palmitate, Vitamin D2, and Vitamin B12. Had they known Flax USA flax milk products contained these allegedly artificial or synthetic ingredients, they would not have purchased the products, the flax milk class action lawsuit claims.

Flax USA denies the allegations and contends that the statements “All Natural Dairy Free Beverage* / *Added Vitamins & Minerals,” read in combination, do no not represent that the added vitamins and minerals are “all natural.” However, the company has agreed to establish a $260,000 class action settlement fund to avoid the uncertainty of going to trial.

Who’s Eligible

Class Members of the Flax USA flax milk settlement include all persons in the United States who purchased any of the following products from Nov. 5, 2009 to Sept. 22, 2014:

• Flax USA Flax Milk Original
• Flax USA Flax Milk Unsweetened
• Flax USA Flax Milk Vanilla

The products must be aseptic (i.e., shelf-stable, non-refrigerated) flax milk sold in 32-oz size cartons.

Potential Award

$2.50 – $32.50 depending on how many Flax USA flax milk products you purchased and which of the following levels you fall under:

Lower Level:  You may seek reimbursement of $2.50 per carton purchased (up to a maximum of 10 cartons per claimant or address) without identifying the retailer or the retailer’s location where you purchased the product(s).

Higher Level: You may seek reimbursement of $3.25 per carton purchased (up to a maximum of 10 cartons per claimant or address) if you can indicate on the Claim Form both (1) the name of the retailer where you purchased the flax milk and (2) the city and state where that retailer is located.

The amount of money you receive from the Flax USA flax milk class action settlement may be reduced pro rata if the total number of valid claims exceeds the $260,000 settlement fund.

Proof of Purchase

You do not have to provide proof of purchase if you are claiming products under the “Lower Level” tier. However, you must provide the name of the retailer and the retailer’s location if you are submitting a claim under the “Higher Level.” Please see details above under “Potential Award.”

Claim Form

Claim Form Deadline

04/28/15

Case Name

Garo Madenlian, et al. v. Flax USA Inc., Case No. SACV13-01748 JVS (JPRx), U.S. District Court, Central District of California

Final Hearing

02/23/15

UPDATE: A California federal judge granted final approval to the Flax USA flax milk class action settlement on March 16, 2015. Settlement money will be mailed to eligible Class Members on July 27, 2015, according to the Settlement Administrator. Let us know if you receive a check in the comments below!

Settlement Website

www.FlaxMilkSettlement.com

Settlement Notice

Claims Administrator

Flax Milk Litigation Settlement

c/o Gilardi & Co. LLC

P.O. Box 8060, San Rafael, CA 94912-8060

1-888-283-7973

Class Counsel

Chant Yedalian, Esq.
CHANT & COMPANY

A Professional Law Corporation

Defense Counsel

Steven J. Goon, Esq. Karen E. Walter, Esq.
RUTAN & TUCKER, LLP