StarKist Tuna Class Action Settlement Upheld in 9th Circuit

A $12 million StarKist Tuna class action settlement has survived the appeals process in the Ninth Circuit, meaning that the settlement can finally move forward.

The approval of the StarKist class action settlement follows years of contention in federal court and the Ninth Circuit appeals court.

The court ruled that the vouchers proposed as a part of the settlement cannot be defined as “coupons” which are subject to additional mandates and scrutiny under the Class Action Fairness Act.

Coupons in settlements are sometimes considered deceptive and subject to scrutiny under the Class Action Fairness Act because they may require consumers to do further business with defendants.

However, the vouchers proposed in the StarKist class action settlement will not expire, are transferable, and can be used at any store that sells StarKist tuna products.

“Where the underlying harm stems from something other than a failure to provide a promised coupon […] a voucher that is sufficiently usable and related to the harm suffered can be acceptable,” the judge panel wrote.

“Supplying missing tuna or providing a replacement for a defective product may be accomplished most efficiently by way of a voucher, and the use of a voucher to deliver an in­-kind settlement to class members will not by itself transform a non-­coupon settlement into a coupon settlement subject to [Class Action Fairness Act].”

The appeals court also ruled on the fairness of proposed attorneys’ fees. The fairness of the voucher settlement was used to contest the attorneys’ fees but it was determined that class counsel awards cannot be determined based on the value of the vouchers because it is highly unlikely that every voucher will be redeemed.

Class counsel was awarded $3.6 million, but the amount was reduced by $154,987 to cover objectors’ counsel fees and costs.

The ruling by the Ninth Circuit resolves years of contention over the StarKist class action settlement.

The $12 million settlement was reached in May 2015 to resolve a 2013 class action alleging that StarKist underfilled their cans of tuna.

However, in February 2016, a federal judge denied final approval for the settlement after finding that the deal was “unfair” to consumers. The judge found that the settlement forced Class Members to give up additional legal rights such as new claims under state and federal antitrust laws.

An amended settlement was approved in September 2016, and the end seemed to be in sight for Class Members. However, an appeal was filed soon after final approval, delaying the settlement payout once more.

Now that the appeal has been resolved, the Class Members should be able to move forward with the settlement.

Class Members include consumers who purchased certain StarKist tuna products between Feb. 19, 2009 and Oct. 31, 2014. Class Members can opt to receive up to $25 in a cash payment or $50 in redeemable vouchers.

The deadline to file a claim for the StarKist Tuna class action settlement passed on Nov. 20, 2015.

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

Class Members are represented by Scott A. Bursor, Neal J. Deckant and L. Timothy Fisher of Bursor & Fisher PA.

The Starkist Tuna Class Action Lawsuit is Hendricks v. Ference, Case No. 2018 BL 386613, in the U.S. Court of Appeals for the Ninth Circuit.

UPDATE: 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!