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Lenny & Larry’s, a vegan cookie company, has agreed to pay $5 million to settle allegations that they misrepresent the nutritional value of their cookies.
Under the settlement, Lenny & Larry’s would create a $5 million common fund.
The Lenny & Larry’s cookie class action settlement states that $1.85 million of the fund would contribute to cash payments, while the other $3.15 million would provide free products to Class Members.
Some portion of the cash payment allowance would also cover administrative costs, plaintiffs’ fees, plaintiffs’ costs, and plaintiffs’ awards.
Consumers with proof of purchase will be eligible to receive between $20 to $50 in a cash reward based on the amount spent on the original product. These consumers can also choose to receive up to $30 of free cookies, including shipping costs, instead of receiving a cash payment.
Class Members without proof of purchase are eligible for smaller awards, including up to $10 in a cash payment or up to $15 of free cookies.
Should any cash payments go unclaimed, the amount will be diverted to free cookie distribution, according to the Lenny & Larry’s settlement agreement.
Should the cookie distribution amount not be used up, the rest will be sent to retail locations including The Vitamin Shoppe and GNC. The cookies will then be given out for free, one package per customer.
Settlement claims are under limitations of one claim per Class Member per household. Under the settlement, Lenny & Larry’s retains the right to terminate the settlement agreement if more than 300 Class Members opt out of the settlement.
Class Members include all consumers who purchased one or more of Lenny & Larry’s Complete Cookie or other company baked goods at a retail establishment or online at any time up to the date of the final settlement approval.
The Lenny & Larry’s class action lawsuit originally claimed that the company’s “Complete Cookie” brand misrepresented the nutritional information of their cookie products.
The Complete Cookie labeling allegedly misrepresented the calorie count as well as carbohydrate, fat, sugar, and protein content. Plaintiffs argued that the inaccurate labeling violated the federal Food, Drug and Cosmetic Act.
In October 2017, some claims in the Lenny & Larry’s class action lawsuit were trimmed by an Illinois federal judge. The court ruled that the consumer plaintiffs could not bring their national label fraud claims nationwide, agreeing with Lenny & Larry’s that the applicable laws across various states were too diverse for a class action lawsuit.
Lenny & Larry’s does not admit any wrongdoing in the recently proposed settlement. Both parties have determined that settling the claims is more beneficial than inviting the risks of continuing litigation.
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.
Plaintiffs and the proposed Class are represented by Edward A. Wallace and Tyler J. Story of Wexler Wallace LLP; Nick Suciu III of Barbat Mansour & Suciu PLLC; and Steven Wasserman, Kathryn S. Marshall and Karin R. Leavitt of Wasserman Law Group.
The Lenny & Larry’s Complete Cookie Class Action Lawsuit is Cowen, et al. v. Lenny & Larry’s Inc., Case No. 17-cv-01530, in the U.S. District Court for the Northern District of Illinois.
UPDATE: December 2018, the Lenny & Larry’s Complete Cookie class action settlement is now open. Click here to file a claim.
UPDATE 2: On Feb. 15, 2019, the U.S. government urged an Illinois federal court to reject a $5 million settlement that would provide free cookies to Class Members affected by the alleged false labeling of Lenny & Larry’s The Complete Cookie.
UPDATE 3: On April 2, 2019, Lenny & Larry’s and a group of customers seek approval of a modified $2.3 million class action settlement that will provide more cash and free cookies to Class Members.
UPDATE 4: On Sept. 22, 2019, Top Class Actions viewers started receiving checks in the amount of $14.60 and three free cookies related to a $5 million Lenny & Larry’s class action settlement. Congratulations to everyone who filed a claim and got PAID!
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