SEATTLE, Oct. 3, 2014 /PRNewswire/ -- The following statement is being issued by Morelli Alters Ratner, LLP, Benedict P. Morelli, David S. Ratner, Adam Deutsch, 777 Third Avenue, 31st Floor New York, NY 10017; Morelli Alters Ratner, LLP, Jeremy W. Alters, Matthew T. Moore, Miami Design District, 4141 Northeast 2nd Avenue, Suite 201, Miami, FL 33137; Kaplan Fox & Kilsheimer LLP, Laurence D. King, Linda M. Fong, 350 Sansome Street, Suite 400, San Francisco, CA 94104; Kaplan Fox & Kilsheimer LLP, Frederic S. Fox, 850 Third Avenue, 14th Floor, New York, New York 10022; and Kaplan Fox & Kilsheimer LLP, Justin B. Farar, 11111 Santa Monica Blvd, Suite 620, Los Angeles, CA 90025, regarding the two consumer class action lawsuits currently consolidated and pending in the United States District Court for the Southern District of New York: Benjamin Careathers v. Red Bull North America, Inc., Case No. 1:13-CV-00369 (KPF) and Wolf, et al. v. Red Bull GmbH, et al., Case No. 1:13-CV-08008 (KPF).
A settlement, set forth in a Stipulation of Settlement ("Stipulation"), has been reached in two class action lawsuits alleging that Red Bull North America, Inc., Red Bull Distribution Company, Inc., and Red Bull GmbH (collectively, "Red Bull"), misrepresented the functional benefits and safety of energy beverages marketed and distributed under the brand name Red Bull ®, including any variations, formats or line extensions thereof. Red Bull denies any wrongdoing or liability and while Red Bull believes that its marketing and labeling have always been entirely truthful and accurate, it confirms that all future claims about the functional benefits of its products will be medically and/or scientifically supported. The settlement will provide Class Members (as defined below) who timely submit a valid Claim Form (as defined in the Stipulation) with the option of receiving a cash payment or free Red Bull products. If you are a Class Member, you may send in a Claim Form to receive a cash payment or free product. A Claim Form can be obtained in three ways: at www.energydrinksettlement.com; by calling (877) 495-1568; or by writing to the Class Action Settlement Administrator at Energy Drink Settlement, c/o GCG, P.O. Box 35123, Seattle, WA 98124-5123. Before any money is paid, the Court will have a hearing to decide whether to approve the settlement.
Am I a Class Member? You are a Class Member if you purchased at least one Red Bull energy beverage in the United States between January 1, 2002 and October 3, 2014. For persons specifically excluded from the class, please view the long form notice on the settlement website.
What Does the Settlement Provide? Red Bull agreed to distribute to Class Members cash reimbursements or free products, the total amount of which shall not exceed $13 million in value. Class Members who submit a valid and timely Claim Form may elect to receive either: (1) a cash reimbursement (in the form of a check) of $10.00; or (2) free Red Bull products (either Red Bull ® Energy Drink or Red Bull ® Sugarfree, as selected on the Claim Form) with a retail value of approximately $15.00 (the "Product Option"). Product packaging (e.g. a four-pack) and sizing (e.g. 8.4 ounce cans) shall be determined by Red Bull at its discretion after the final value of the Product Option has been determined. The free Red Bull products selected on the Claim Form will be shipped by Red Bull directly to Class Members at Red Bull's cost.
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. Under the terms of the settlement, certain conditions may lead to Class Members with valid claims receiving either less or more than these amounts. Red Bull has updated its marketing materials and product labeling, and confirms that all future claims about the functional benefits of its products will be medically and scientifically supported.
What are my options? To ask for a payment or free Red Bull products and remain in the Settlement Class, you must mail a Claim Form or submit a completed Claim Form online at www.energydrinksettlement.com no later than March 2, 2015. If you do not wish to participate in the settlement, you may exclude yourself by April 1, 2015, or you may stay in the Settlement Class and object by April 1, 2015. Visit www.energydrinksettlement.com or call (877) 495-1568 for important information about the settlement.
The Court will hold a hearing on May 1, 2015 to consider whether to grant final approval of the settlement and whether to grant Class Counsel's request for attorneys' fees and expenses, not to exceed a total of $4,750,000.00, and incentive awards of $5,000 to each of the three class representatives. All attorneys' fees and expenses and incentive awards will be paid by Red Bull in addition to – and separate from – the cash and products being distributed to Class Members.
CLAIM FORMS MUST BE POSTMARKED OR SUBMITTED ONLINE BY MARCH 2, 2015
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Morelli Alters Ratner, LLP, Benedict P. Morelli, David S. Ratner, Adam Deutsch, 777 Third Avenue, 31st Floor New York, NY 10017
Morelli Alters Ratner, LLP, Jeremy W. Alters, Matthew T. Moore, Miami Design District 4141 Northeast 2nd Avenue, Suite 201, Miami, FL 33137
Kaplan Fox & Kilsheimer LLP, Laurence D. King, Linda M. Fong, 350 Sansome Street, Suite 400, San Francisco, CA 94104
Kaplan Fox & Kilsheimer LLP, Frederic S. Fox, 850 Third Avenue, 14th Floor, New York, New York 10022
Kaplan Fox & Kilsheimer LLP, Justin B. Farar, 11111 Santa Monica Blvd, Suite 620, Los Angeles, CA 90025
SOURCE Morelli Alters Ratner, LLP; Kaplan Fox & Kilsheimer LLP