If you purchased Deep River brand potato chips labeled "Non-GMO Ingredients" from February 2, 2017 through December 6, 2024, you may be eligible for a monetary payment from a class action Settlement

BROOKLYN, N.Y., Jan. 3, 2025 /PRNewswire/ -- A Settlement has been reached in a class action lawsuit against Old Lyme Gourmet Co. (Deep River Snacks) ("Defendant") that alleged Defendant labeled certain Deep River brand chips with the "Non-GMO Ingredients" graphic, which gave consumers the impression the Products were certified by a third-party, such as the Non-GMO Project, as being free from genetically modified ingredients. Plaintiffs allege that the Products were not certified by a third-party. The Defendant denies these allegations. The Court has not decided who is right.

Am I a Settlement Class Member?

You are a "Settlement Class Member" if you are a person in the United States who purchased any of the Products (potato chips sold under the Deep River Snacks brand name labeled with the "Non-GMO Ingredients" graphic) from February 2, 2017 through December 6, 2024 for personal or household use. For a full list of the Products covered by this Settlement, visit www.PotatoChipsSettlement.com.

What does the Settlement Provide?

The Defendant has agreed to create a $4 million Settlement Fund to be used for monetary payments to Settlement Class Members, class notice and settlement administration costs, attorneys' fees and expense reimbursements, and service awards to the Class Representatives. Settlement Class Members who submit a valid, timely, and approved Claim Form, will receive a monetary payment from the Settlement Fund. Settlement Class Members can receive a payment by submitting a Valid Claim with Proof of Purchase and/or a Valid Claim without Proof of Purchase. There is no limitation to the number of Products you can seek a monetary payment for if proof of purchase is provided for each claimed Product with your Claim Form. If you submit a Valid Claim for Products with both Proof of Purchase and without Proof of Purchase, the monetary payment benefits will be combined. Each Household is limited to submitting one Claim Form. For more information about the benefits available and to file a Claim online, go to www.PotatoChipsSettlement.com.

Your Options. Settlement Class Members seeking monetary benefits must complete and submit a Claim Form to the Claims Administrator by July 28, 2025. Claim Forms can be submitted online at www.PotatoChipsSettlement.com or by mail. If by mail, the Claim Form must be postmarked by July 28, 2025. You can also exclude yourself from, or object to the Settlement on or before March 25, 2025. If you do not exclude yourself from the Settlement, you will remain in the Class and will give up the right to sue the Defendants about the legal issues in this litigation. A summary of your rights under the Settlement and instructions regarding how to submit a claim, exclude yourself, or object are available at www.PotatoChipsSettlement.com.

The Court will hold a Final Approval Hearing on May 15, 2025 at 10:00 a.m. (ET). At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and consider Class Counsel's request for attorneys' fees (not to exceed one-third of the Settlement Fund), reimbursement of costs and expenses, and a $5,000 service award for each Class Representative. The Court will also listen to people who submit a timely objection and ask to speak at the hearing. You may attend the Hearing at your own expense, or you may also pay your own lawyer to attend, but it is not necessary.

This notice is a summary. The Settlement Agreement and more information about the Settlement are available at www.PotatoChipsSettlement.com or by calling toll-free 1-877-759-1882.

URL: www.PotatoChipsSettlement.com

SOURCE United States District Court for the Eastern District of New York