Milk companies get final settlement approval in $21M inhumane cow treatment lawsuit

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Update:

• An Illinois federal judge granted final approval to a $21 million class action settlement resolving claims Coca-Cola and Fairlife, among other companies, falsely advertised that their milk products came from humanely treated dairy cows. 
• U.S. District Judge Robert M. Dow Jr. approved the settlement Sept. 28, ending nine class action lawsuits that were consolidated in a multidistrict litigation August 2020.
• The plaintiffs alleged the companies misled them about how they treated their dairy cows, which caused them to purchase products they later found came from cows who allegedly had been abused. 
• Eligible class members will be able to receive as much as $20 in compensation for claims made without a proof of purchase and up to $80 for claims backed by valid proof. Lawyers for the plaintiffs will receive a third of the settlement.
• The settlement also comes with an injunction requiring milk makers who sell to Fairlife to undergo annual farm audits by a third-party group over the next three years to ensure the welfare of the animals.

Coca-Cola, Fairlife dairy cow false advertising settlement overview: 

• Who: Attorneys who helped secure a $21 million class action settlement between milk producer Fairlife and its parent company, Coca-Cola, have asked for $7 million in attorney fees. 
• Why: Attorneys argue they secured an “excellent” and “outstanding” result for the class members. 
• Where: The class action settlement was proposed in Illinois federal court. 

(July 26, 2022)

Attorneys who secured a $21 million class action settlement agreement with milk producer Fairlife and its parent company, Coca-Cola, have asked a federal judge in Illinois to award them $7 million in attorney fees. 

The class action settlement was made to resolve claims Coca-Cola and Fairlife, among other companies, falsely advertised to consumers that their milk products came from dairy cows who were humanely treated. 

Attorneys’ argued in a petition for an award of attorney fees that they achieved an “excellent” and “outstanding” result for the class, which they say warrants them being given a $7 million cut of the settlement. 

“Class counsel’s efforts prosecuting this matter paid off, resulting in a substantial, non-reversionary settlement fund of $21 million that provides enormous benefits to the class,” attorneys said. 

Attorneys also made a point to mention how they were able to attain injunctive relief for the dairy cows who were allegedly being treated inhumanely — calling it “the very heart of defendants’ alleged wrongful conduct.” 

Fairlife, Coca-Cola settlement granted preliminary approval in April 

The class action settlement — which has a final approval hearing set for September — was granted preliminary approval in April and put an end to nine potential class action lawsuits filed by 19 named plaintiffs against  Coca-Cola, Fairlife LLC, Select Milk Producers Inc., Fair Oaks Farms LLC and its founders.

Consumers argued the companies misled them about how they treated their dairy cows which caused them to purchase products they later found out came from cows who allegedly had been subjected to abuse. 

Eligible class members will be able to receive as much as $20 in compensation for claims made without a proof of purchase and up to $80 for claims backed by valid proof, according to the Fairlife settlement. 

Fairlife and Coca-Cola will also be required to create and enforce a monitoring and compliance program aimed at ensuring their dairy cows are treated in a humane way going forward.

A similar class action lawsuit was filed against former-owned cooperative Organic Valley earlier this month by a consumer arguing it misleads consumers into thinking it treats its dairy cows humanely. 

Did you purchase a milk product from Fairlife? If so, find out if you are eligible to submit a claim in the class action settlement.

The plaintiffs are represented by Amy E. Keller, Adam Prom and Michelle Locascio of DiCello Levitt Gutzler LLC; Melissa S. Weiner of Pearson Simon & Warshaw LLP; Michael R. Reese, George V. Granade and Charles D. Moore of Reese LLP; and Yeremey Krivoshey of Bursor & Fisher PA.

The Coca Cola milk false advertising MDL is In re: Fairlife Milk Products Marketing and Sales Practices Litigation, Case No. 1:19-cv-03924, in the U.S. District Court for the Northern District of Illinois. 

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