Christina Spicer  |  May 22, 2017

Category: Consumer News

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Top view on homemade Kombucha with fruitsIndividuals who purchased GT’s kombucha beverages only have a few more days to file claims for cash payment of up to $3.50 or a product voucher for each eligible product purchased.

If you are a resident of the United States or U.S. Territory who purchased GT’s kombucha products between March 11, 2011 and Feb. 27, 2017, you may be entitled to a cash payout of up to $60 or product vouchers.

Product vouchers are redeemable for a free Millennium product. You have until May 30, 2017 to file a claim.

The specific GT kombucha products included in this class action settlement are:

  • Classic Kombucha: Original, Citrus Gingerade, Multi-Green, Third Eye Chai
  • Classic Synergy: Cosmic Cranberry, Maqui Berry Mint, Divine Grape, Gingerberry Raspberry Rush, Strawberry Serenity, Superfruits, Trilogy
  • Enlightened Kombucha: Botanic No. 3, Botanic No. 7, Botanic No. 9, Citrus, Gingerade, Multi-Green, Original
  • Enlightened Synergy: Black Chia, Cosmic Cranberry, Cherry Chia, Gingerberry, Grape Chia, Green Chia, Guava Goddess, Mystic Mango, Passionberry Bliss, Raspberry Chia, Strawberry Serenity, Trilogy

 

The Whole Foods, GT’s Kombucha class action lawsuit alleged that Millennium Products Inc. falsely labeled its kombucha beverages as containing antioxidants when, in truth, it contained none. In addition, the lawsuit accused the kombucha maker of leaving “sugar” off of its ingredient list and failing to report to consumers that its products contain more alcohol than what is allowable to label a drink as non-alcoholic.

The companies were hit with a second class action over leaking and exploding kombucha bottles due to alleged excess carbonation and faulty packaging.

These class actions were consolidated and the parties agreed to settle the litigation and the settlement agreement was preliminarily approved in February of this year. Under the terms of the settlement, $8.25 million will go to Class claims, which include a $3.50 payout or voucher per bottle purchased up to $60. Additionally, the companies will pay attorneys’ fees and costs and the plaintiffs will receive a $2,000 incentive award.

The kombucha class action settlement also requires Millennium to stop printing labels with the term “antioxidant.” Additionally, Millennium will be required to periodically test the beverage to monitor sugar and alcohol content. The company must now also include a warning label on its kombucha stating “the products contain naturally occurring alcohol and should not be consumed by individuals seeking to avoid alcohol due to pregnancy, allergies, sensitivities or religious beliefs” and that “Contents are under pressure. Failure to refrigerate may increase pressure, causing product to leak or gush.”

Whole Foods and Millennium deny the class action allegations, but indicate they agreed to the settlement to avoid the expense and uncertainty of ongoing litigation.

Class Members can claim up to $35 in either cash or vouchers without proof of purchase. Any claim over $35 requires submission of proof of purchase and claims are capped at $60. Class Members who want to opt out of or object to the Whole Foods, Millennium Kombucha settlement must do so no later than July 3, 2017.

More information about the Whole Foods, Millennium Kombucha Class Action settlement, including a link to file a claim, is available at the Whole Foods, Millennium Kombucha class action settlement page.

The Class is represented by Annick Marie Persinger, Lawrence Timothy Fisher and Yeremey O. Krivoshey of Bursor and Fisher PA, Clayeo C. Arnold and Joshua H. Watson of Clayeo C. Arnold APC, and John A. Yanchunis of Morgan & Morgan Complex Litigation Group.

The Whole Foods, Millennium Kombucha Class Action Lawsuit is Jonathan Retta, et al. v. Millennium Products Inc., et al., Case No. 2:15-cv-01801, in the U.S. District Court for the Central District of California.

UPDATE: On March 5, 2018, Top Class Actions viewers started receiving checks worth as much as $33.70 from the Whole Foods, GT’s Kombucha class action settlement. Congratulations to everyone who filed a claim and got PAID!

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2 thoughts onGT’s Kombucha Class Action Settlement Claim Deadline is Approaching

  1. Donna says:

    Received 33.70 03/06/2018

  2. Robyn Miller says:

    Please add me

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