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Celsius Class Action Settlement: A Chance for Compensation
If you’ve received a notice about Celsius or a mail regarding a class action settlement to resolve a Celsius lawsuit, this blog post will provide you with important information to help you determine the authenticity of the mail and understand the details of the settlement.
Understanding Celsius Class Action Settlement
The Celsius class action settlement involves Celsius Holdings, Inc. (“Defendant”), and it centers around allegations that Defendant labels its products misleadingly. Specifically, the products were described as containing “No Preservatives,” despite the presence of citric acid. While Defendant denies these allegations and argues that citric acid was added for flavor and not as a preservative, both parties have agreed to the settlement to avoid the costs and risks associated with a prolonged lawsuit.
The case is known as Hezi v. Celsius Holdings, Inc., and it has been under review in the UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK | CASE NO. 1:21-CV-09892-VM.
What Does the Class Action Settlement Cover?
The Settlement, subject to court approval, provides a Cash Award to Class Members who submit a valid and timely Claim Form. If you purchased a can of Product during the Class Period, you may submit a Claim to receive One Dollar ($1.00) for each can of Product.
Moreover, if you previously purchased Celsius On-The-Go or Flo Fusion powdered drinks, typically sold in packages of 14, you may submit a Claim to receive $5.00 per package of 14. For Class Members submitting approved Claims with receipts, the Cash Award is capped at Two Hundred Fifty Dollars ($250.00) per household. If you cannot provide a receipt, you may still submit a Claim to receive up to Twenty Dollars ($20.00) per household.
Eligibility for the Settlement
The settlement is applicable to all individuals who purchased a Celsius Beverage or Powdered Drink between January 1, 2015, and November 23, 2022, and who are residents of the United States. If you purchased any Celsius beverage for personal or household consumption, excluding resale or distribution, you are considered a Class Member. This includes original Celsius beverages (labeled “Celsius Live Fit”), Celsius Heat, Celsius BCAA+Energy, and Celsius with Stevia, as well as Celsius On-The-Go and Flo Fusion powdered drinks (“Products”).
How to Participate in the Settlement
To be part of the class action settlement, you must submit a valid and timely claim on the settlement website. The Claim Form must be submitted online or postmarked by February 13, 2023.
If you wish to be excluded from the settlement, thereby retaining the right to be part of any other lawsuit against Defendant related to the legal claims in this case, you must send a letter by mail stating your desire for exclusion. Exclusion requests cannot be made on the website or by phone.
You also have the option to object to any part of the settlement. Objections must be mailed to the Class Administrator and postmarked no later than February 13, 2023.
Compensation Details and Final Remarks
The compensation amount varies, and proof of purchase is not required to participate in the settlement. If you do nothing, you will not be eligible to receive any benefits, and you will waive the right to be part of any other lawsuit against Defendant concerning the legal claims in this case.
As you submit your claim to the settlement website, remember that it is done under penalty of perjury. Submitting a fraudulent claim not only risks your own legal consequences but also harms other eligible Class Members. If you wish to address your objection during the Final Fairness Hearing, you can do so only if you do not exclude yourself from the settlement.
In conclusion, if you are an eligible Class Member, take this opportunity to submit your valid claim within the designated timeframe to potentially receive compensation for your past Celsius beverage or powdered drink purchases. Participating in the settlement ensures that your rights and interests as a consumer are acknowledged and protected.