WEST PALM BEACH, Fla., Oct. 25, 2021 /PRNewswire/ -- The following is issued by Digital Settlements Group.
Lawsuits pending in the Superior Court of California County of Los Angeles and District of New Jersey ("Litigation") may affect your rights. The Litigation claims Nestle USA, Inc., Ferrara Candy Co., and Ferrero U.S.A., Inc. ("Defendants") deceptively packaged Raisinets®, Buncha Crunch®, Butterfinger Bites®, Tollhouse Semi-Sweet Chocolate Morsels®, Rainbow Nerds®, SweeTarts®, Spree®, Gobstopper®, Sno-Caps®, and Runts® candy products ("Covered Products") in oversized packaging with nonfunctional empty space. The Court did not rule in favor of Plaintiffs or Defendants. The parties instead agreed to settle.
If you are a member of the Class, you have three options:
- You Can Accept the Settlement. Class Members who wish to receive a Cash Payment must submit a Claim Form on or before December 27, 2021 either online at FerraraCandyBoxClassAction.com. or by mailing it to Claims Administrator; PO Box 350; Valparaiso, IN 46384. If you don't submit a timely Claim Form and don't exclude yourself from the settlement, you will be bound by the settlement and will not receive a Cash Payment. If you stay in the Class, you will be bound by all orders and judgments of the Court, and you won't be able to sue or continue to sue Defendants as part of any other lawsuit involving the same claims in this lawsuit.
- You Can Object to the Settlement. You can ask the Court to deny approval by objecting with the Court. You can't ask the Court to order a larger settlement; the Court can only approve or deny the settlement. If the Court denies approval, no settlement payments will be sent out and the lawsuit will continue. If that is what you want to happen, you must object. You may hire your own lawyer to appear in Court for you if you wish; however, you will be responsible for paying your lawyer. The Court will hear objections from any Class Member who attends the Final Approval Hearing and asks to speak regarding his or her objection. Objections must be in writing, state your name, address, telephone number, name of this Litigation, factual and legal grounds for your objection, name, address and telephone number of any attorney representing you and any case in which you or your attorney has objected to a class action settlement previously and the result of that objection. Objections must be sent to the Claims Administrator; PO Box 350; Valparaiso, IN 46384 and postmarked no later than the Objection Deadline. The requirement to submit a written objection may be waived upon a showing of good cause.
- You Can "Opt Out" of the Settlement. If you exclude yourself from the Class – which is sometimes called "opting-out" of the Class – you won't get a payment from the settlement but won't be barred from asserting claims against Defendants in a separate lawsuit. Such notice shall include your name, address, telephone number, and signature and a statement that you want to be excluded from the Litigation, Thomas, et al. v. Nestle USA, Inc., et al., Superior Court of California County of Los Angeles, Case No. BC649863 and Iglesia, et al v. Nestle USA, Inc., District of New Jersey, Case No. 3:20-cv-05971- BRM-DEA. Send written notice to Claims Administrator; PO Box 350; Valparaiso, IN 46384 by December 27, 2021.
This is only a summary of the settlement. If you have questions or want to view the detailed notice or other documents about the Litigation, including the Settlement Agreement visit FerraraCandyBoxClassAction.com, contact Class Counsel at firstname.lastname@example.org, or call the Settlement Administrator at 1-877-342-0828.
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SOURCE Digital Settlement Group