Vizzy hard seltzer false advertising $9.5M class action lawsuit settlement

Update:

• Top Class Actions readers reported this settlement paying out up to $11.63 as of Nov. 13, 2023. 
• Congratulations to everyone who filed a claim and got paid!

EDITOR’S NOTE: This content has been sponsored and edited for clarity in collaboration with the sponsor.

Molson Coors Beverage Co. has agreed to a $9.5 million class action lawsuit settlement to resolve claims its Vizzy hard seltzer products were misleadingly labeled as having “antioxidant vitamin C from acerola superfruit.”

The settlement class is made up of anyone who purchased any Vizzy hard seltzer beverage in the United States between Jan. 1, 2020, and March 10, 2023, except for the purpose of resale.

Molson Coors allegedly fortified its Vizzy products with an “insignificant amount” of vitamin C, according to one of three class action lawsuits taking issue with the product. The company then labeled and advertised Vizzy as containing vitamin C from a “superfruit.” The plaintiffs say this marketing is misleading and dangerous.

Molson Coors is a beverage company that produces many popular alcoholic beverages, including those from brands such as Blue Moon, Hamm’s, Topo Chico, Coors and Foster’s, among others.

The company has not admitted any wrongdoing but has agreed to settle the claims for $9.5 million.

Class members who file a valid and timely claim will receive a cash payment for any product they purchased:

• $5 per 24-pack unit purchased
• $3 per 12-pack unit purchased
• $0.75 per single-can unit purchased

The maximum possible payment for consumers who submit a claim without proof of purchase is $15 per household.

Each claimant who files a valid claim is expected to receive a minimum payment of $6, though that amount may be adjusted down depending on the number of claims and other factors.

Any funds that remain in the settlement fund will be donated to a nonprofit organization. 

In addition to the monetary relief, Molson Coors also has agreed to permanently remove the claim “with antioxidant vitamin C from acerola superfruit” from all labeling and marketing materials for Vizzy.

The deadline to opt out of the settlement is June 6, 2023. The deadline to submit a written objection is May 19, 2023.

A final fairness hearing is scheduled to take place July 12, 2023.

The deadline to file a claim form is June 6, 2023.

Who’s Eligible

Anyone who purchased any Vizzy hard seltzer beverage in the United States between Jan. 1, 2020, and March 10, 2023, except for the purpose of resale.

Potential Award

Varies.

Proof of Purchase

A receipt or other documentation from a third-party commercial source, such as a store, that reasonably establishes the fact and date of purchase of the covered product during the class period in the United States.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

06/06/2023

Case Name

• Marek, et al. v. Molson Coors Beverage Co. USA LLC, Case No. 21-cv-07174-WHO, in the U.S. District Court for the Northern District of California
• Williams, et al. v. Molson Coors Beverage Co. USA LLC, Case No. 21-cv-50207, in the U.S. District Court for the Northern District of Illinois
• Eyzaguirre, et al. v. Molson Coors Beverage Co. USA LLC, Case No. 22-cv-60889, in the U.S. District Court for the Southern District of Florida

Final Hearing

07/12/2023

Settlement Website

VizzySettlement.com

Claims Administrator

Vizzy Settlement Administrator
1650 Arch St., Suite 2210
Philadelphia, PA 19103
844-509-3005

Class Counsel

Hayley Reynolds
Gutride Safier LLP
100 Pine Street, Suite 1250
San Francisco, CA
415-639-9090

Defense Counsel

Christopher Cole
Katten, Muchin & Rosenman LLP
2900 K Street, N.W., Suite 200
Washington, DC 20007
202-625-3550