Top Class Actions  |  August 24, 2015

Category: Closed Class Actions

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This settlement is closed!

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StarKist class action settlement

A settlement has been reached in a class action lawsuit alleging StarKist Co. under-filled some of its 5-ounce canned tuna products in violation of state and federal law. If you purchased StarKist tuna, you could be entitled to compensation from the class action settlement.

According to the StarKist tuna class action lawsuit, which was filed in February 2013 by plaintiff Patrick Hendricks, federal law requires 5-ounce cans to contain an average of 2.84 to 3.23 ounces of tuna. However, Hendricks alleges that 5-ounce cans of StarKist tuna only contain an average of 2.81 to 3.11 ounces of tuna.

Hendricks claims he would not have purchased the StarKist tuna products if he had known they did not contain an adequate amount of tuna for a 5-ounce can. He filed the class action lawsuit on behalf of himself and a Class of consumers who purchased the allegedly under-filled cans of StarKist tuna.

StarKist denies the allegations but has agreed to settle the class action lawsuit to avoid the expense and risk associated with continued litigation.

Under the terms of the proposed class action settlement, StarKist will pay $8 million in cash and $4 million in vouchers that are redeemable for StarKist tuna products.

UPDATE: On Feb. 19, 2016, a federal judge denied final approval to the StarKist tuna settlement, calling the deal “unfair” for consumers. A case management conference has been set for March 15, 2016. Top Class Actions will continue to post updates to the case as they’re made available. You can receive these updates by signing up for our free newsletter and/or marking this article as a “Favorite” using your free Top Class Actions account to receive automatic notifications when this article is updated.

UPDATE 2: As of August 11, 2016, the settlement is still on hold.  The judge has not issued a decision, and currently has attorney’s fees under review. Please be patient and keep checking Top Class Actions for updates.

UPDATE 3: On Sept. 29, 2016, a California federal judge gave final approval to a revised $12 million class action settlement over allegations StarKist Co. underfilled cans of tuna, causing consumers to overpay for the product.

UPDATE 4: On October 25, 2016, an appeal to the revised Starkist settlement was filed.  Claims will not be paid until all appeals are exhausted.  We appreciate your ongoing patience. Top Class Actions will continue to provide updates as we learn more.

UPDATE 5: On Oct. 19, 2018, a $12 million StarKist Tuna class action settlement survived the appeals process in the Ninth Circuit, meaning that the settlement can finally move forward.

UPDATE 6: On Sept. 21, 2019, Top Class Actions viewers started receiving checks in the amount of $2.38 or $5.03 in coupons from a StarKist Tuna class action settlement. Congratulations to everyone who filed a claim and got PAID!

Who’s Eligible

Class Members of the StarKist tuna settlement include all U.S. residents who purchased any of the following StarKist products between Feb. 19, 2009 and Oct. 31, 2014:

  • 5 oz. Chunk Light in Water
  • 5 oz. Chunk Light in Oil
  • 5 oz. Solid White in Water
  • 5 oz. Solid White in Oil

NOTE: StarKist 5 oz. Chunk White in Water is not included in the class action settlement.

Potential Award

Class Members may elect to receive either a cash payment of $25 or $50 in product vouchers redeemable for StarKist tuna products.

Depending on the number of claims filed, the actual amount each Class Member will receive may be reduced on a pro rata basis.

Proof of Purchase

None required. However, Class Members must submit a Claim Form confirming under the penalty of perjury (1) the specific StarKist product(s) purchased and (2) that the purchases were made between Feb. 19, 2009 and Oct. 31, 2014.

Claim Form Deadline

11/20/2015

Case Name

Hendricks v. StarKist Co., Case No. 13-cv-00729-HSG, in the U.S. District Court for the Northern District of California

Final Hearing

12/17/2015

Settlement Website
Claims Administrator

Hendricks v. StarKist Co. Settlement Administrator
P.O. Box 40007
College Station, TX 77842-4007
1-888-643-6376

Class Counsel

Scott A. Bursor
BURSOR & FISHER PA

If you have questions about the StarKist tuna class action settlement, you may contact Class Counsel at info@bursor.com

Defense Counsel

Robert Hawk
HOGAN LOVELLS LLP

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398 thoughts onStarKist Tuna Class Action Settlement

  1. Darrel Olfin says:

    I HAVE BEEN HARMED BY TUNA

  2. Constance says:

    The website to file an online claim is not working properly.

  3. vlably says:

    I noticed when I try to file online for tuna claim their website doesnt work properly!!!!

  4. Jealith says:

    I think the company was being petty, not the people who brought this lawsuit. If you let them get away with this they will keep doing it and only get worse. I am tired of getting ripped off by companies like this one. I can’t even claim this because I refuse to buy tuna. Growing up when you opened a can of tuna it was full of (gasp!) Tuna! Now its 50% water and costs 10 times as much. You could buy one can of tuna and make 5 sandwiches, now you cant make one. so I refuse to buy it.

  5. bon says:

    omg carolyn !!!! Sounds like your world is crashing omg !!

  6. Melisa says:

    I bought a couple of cans Starkist tuna in water to make tuna casserole. One of the cans had absolutely No tuna in it! All water! So, yeah that time I did miss the tuna.

    1. Lee Chapa says:

      That actually happened to me. And I was thinking I was just having some bad luck that day.

  7. Clifford Smith says:

    I have bought at least two of these over the time frame listed, I am glad someone caught on to what they were doing.

  8. receipts says:

    I just bought some and did not save my receipts. What a bummer so in actuality they will not have to pay millions back. What about the bags of chips, that sucks 1/4 filled paying more for the air let me know when that lawsuit is in process im so in on it.

    1. Waters says:

      You do not pay for the air. Air does not weigh anything! The reason there is so much in chip bags because it causes less breaking of the chips when they are packed and shipped. Common sense would tell you this.

      1. Sammy says:

        Air does actually have a weight… It may not be common sense, but it is true: 14.7 pounds per square inch (at sea level).

        1. Jennifer says:

          Totally unnecessary. If you want to explain what you mean, fine, but your commentary makes you look like a fool.

      2. Pattie says:

        Ummmm….air does have weight…..Google it if you don’t believe me

        1. Lacking Brains says:

          ::sighs:: Google is NOT a reputable source!

        2. R says:

          If your air has weight, put some on your scale and tell me how much it weighs…ZERO

      3. receipts says:

        Who in creation asked you to comment on my comment , go find something else to do.. now that’s common sense, must of had water on your brain. Wait you must work for the chip company. Air head.

        1. receipts says:

          Man so much room on this board an everyone wants to comment about chip. It was a damn haha moment not sit here let me explain this so you can understand the process of chip moment. Get real people crazier things are going on in this world than starkist tuna lawsuit an air weight chip lost. Move on post a tuna comment, live life an know when to laugh damn.

    2. MsLee says:

      I have worked in food processing factories before. The chips are weighted right out of the machine before they are put into the bag. The air is to prevent as much breakage as possible.

    3. Galina says:

      ??It’s true

  9. Vickie Hays says:

    I buy it every week I do not buy the off brand

  10. Dan says:

    I like the tuna in Water lower calories and high protein. Easy to make a quick tuna sandwich and ad pickles and lettuce on top and wash it all down with iced tea. Low fat also. That salad dressing is what gets you it is loaded with fat. But tuna is good for you high protein. I used to use salt and pepper, but doc said cut back on the salt. Those cans have been shrinking over the years used to be much larger amounts. The cost is getting high if you divide the cost by ozs you get the cost per oz and if you multiply by 16 you get the cost per pound wow! I can buy high protein frozen chicken leg quarters at walmart for about 53 cents a pound very low cost meat and high protein. Good nutritious food doesn’t have to cost a lot if you look for a good bargain and good for growing boys and girls who doesn’t like a nice piece of fried chicken? Adds some mashed potatoes and chicken gravy and slaw and veggies and you’ve got a great meal for any family.

    1. Jordan says:

      Great input.

    2. JG says:

      You must be from the South. Who makes fried chicken and mashed potatoes anymore?

      1. Cheryl Carman says:

        A lot of people I know do, as it is a great home-cooked meal and still better for their family than fast food junk.

      2. GodFearingWoman says:

        We already know, you are a microwave kid.

      3. Tonia Gleaton says:

        People in the SOUTH still eat Fried Chicken and MASHED POTATOES W/GRAVY as a matter of fact that was the dinner I fixed my family the other night along with edamame and fried OKRA

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