United States District Court, Northern District of California
Case No. 4:18-cv-05907-JSW
IF YOU ARE A CITIZEN OF CALIFORNIA AND MADE A RETAIL PURCHASE OF A
NEUROBRANDS BEVERAGE PRODUCT LABELED AS CONTAINING "NATURAL
FLAVORS" AND "NO ARTIFICIAL COLORS OR FLAVORS" IN CALIFORNIA
BETWEEN JANUARY 1, 2012 AND OCTOBER 15, 2020 FOR PERSONAL OR
HOUSEHOLD USE AND NOT FOR RESALE, PLEASE READ THIS NOTICE
CAREFULLY, AS IT DESCRIBES A SETTLEMENT THAT MAY AFFECT YOUR
A federal court authorized this Notice. It is not a solicitation from a lawyer.
YOU ARE NOT BEING SUED.
· NeuroSONIC Superfruit Infusion
· NeuroSONIC Orange Passion
· NeuroBLISS White Raspberry
· NeuroBLISS Citrus Berry
· NeuroBLISS Tropical Lychee
· NeuroPROTEIN Watermelon Mint
· NeuroPROTEIN Cherry Vanilla
· NeuroDAILY Tangerine Citrus
· NeuroGASM Passion Fruit
This Settlement resolves a lawsuit against Neurobrands, LLC (the "Defendant" or "Neurobrands") alleging that Neurobrands' Product labels claiming to contain "natural flavors" and "no artificial colors or flavors" are false and misleading because the Products actually contain the artificial flavoring ingredient dl-malic acid.
Neurobrands denies the allegations and any wrongdoing. Nonetheless, it has agreed to settle this lawsuit to avoid the cost and uncertainty of litigation. The parties have reached a settlement that would provide injunctive relief as detailed below in exchange for a waiver and release of injunctive relief claims. The Settlement does not provide money compensation to class members, and class members do not release any claims for monetary damages. Class Counsel will request that the Court award them reasonable attorneys' fees and expenses as compensation for their obtaining Defendant's agreement to make certain changes to its business practices.
You are not required to take any action. This Notice further explains the litigation, the Settlement, and how you may comment or object to the Settlement, if you want.
If you do nothing, then you will automatically receive benefits under this Settlement in the form of Defendant's Product reformulations and/or labeling modifications that are further described in this notice. You will also give up your right to sue Defendant and certain related entities and individuals regarding any claims for injunctive relief that are part of or related to the Settlement. You will not give up any claims for monetary damages.
Object or Comment by September 8, 2021
If you are a Class Member, you may write to the Court about why you object to the Settlement. Objections must be in writing, must be submitted to the Court, and must be postmarked no later than September 8, 2021.
Appear in the lawsuit by September 8, 2021 and Attend a Hearing on October 8, 2021.
If you are a Class Member, you may ask to speak in Court about the fairness of the Settlement. You may enter your appearance in Court either pro se or through an attorney at your own expense if you so desire.
There is no need to submit a claim form. This Settlement provides benefits in the form of Product reformulations and/or labeling modifications that are further detailed on page five of the Notice. If you do nothing, then you will automatically receive the benefits of this Settlement.