Overview Of The Settlement
Benjamin Careathers v. Red Bull North America, Inc., Case No. 1:13-CV-00369 (KPF)
Wolf, et al. v. Red Bull GmbH, et al., Case No. 1:13-CV-08008 (KPF)
Please Note: You must be a resident of the United States to participate in this settlement.
This settlement addresses two consumer class action lawsuits currently consolidated and pending in the United States District Court for the Southern District of New York: (1) Benjamin Careathers v. Red Bull North America, Inc., Case No. 1:13-CV-00369 (KPF); and (2) Wolf et al. v. Red Bull GmbH, et al,. Case No. 1:13-CV-08008 (KPF). The consumers who brought these lawsuits as class representatives, Benjamin Careathers, David Wolf, and Miguel Almaraz, are called the “Plaintiffs,” and the company they sued, Red Bull, is called the “Defendant.”
Plaintiffs brought these lawsuits, alleging that Red Bull’s marketing and labeling misrepresents both the functionality and safety of Red Bull beverages. Plaintiffs made claims against Red Bull for breach of express warranty, unjust enrichment, and violations of various states’ consumer protection statutes. Red Bull denies any and all wrongdoing or liability and maintains that its marketing and labeling have always been entirely truthful and accurate.
What Are My Options?
|DO NOTHING||You will receive no cash payment or free Red Bull products and give up your legal rights to sue Red Bull about the claims in this case.|
|SUBMIT A CLAIM FORM BY MARCH 2, 2015||This is the only way to receive either a cash payment or free Red Bull products. The deadlines and procedures for submission of these forms are described in this Notice.|
|EXCLUDE YOURSELF (OPT OUT) BY APRIL 1, 2015||You will receive no payment, but this is the only option that allows you to ever be a part of a future individual lawsuit against Red Bull with respect to the legal claims in this case. The deadlines and procedures for opting out are described in the Notice.|
|OBJECT IN WRITING BY APRIL 1, 2015 AND/OR GO TO THE HEARING ON MAY 1, 2015 AT 10:00 A.M.||Write to the Court if you don’t like the settlement and tell the Court why you think it shouldn’t be approved in whole or in part, and/or attend a hearing before the Court about the fairness of the settlement.|
Please consult the Notice for more details on your options.
Final Approval Hearing
The Court held a hearing on May 1, 2015 at 10:00 a.m. and approved the settlement. Unless there are appeals, payments will be distributed within 150 days after the Court grants final approval of the settlement. Cash reimbursement in the form of a check will be made directly to eligible Claimants by first class mail after entitlement to payment to all Claimants is determined. Red Bull products fulfilling the Product Option will be shipped directly to eligible Claimants selecting the Product Option after entitlement to payment to all eligible Claimants is determined via a shipping method to be determined by Red Bull at its discretion. Please be patient. However, if shipment of Red Bull products to a particular Settlement Class Member is not feasible or commercially reasonable, then Red Bull may substitute cash reimbursement for that particular Settlement Class Member.
Red Bull’s marks are registered trademarks of Red Bull GmbH.