If you purchased one or more units of Earth Rated Certified Compostable Poop Bags between October 28, 2015 and June 13, 2024, you may be entitled to a payment from a class action settlement

SEATTLE, June 13, 2024 /PRNewswire/ -- JND Legal Administration

A proposed settlement has been reached in a class action lawsuit called Natale et al. v. 9199-4467 Quebec Inc. d/b/a Earth Rated, Case No. 2:21-cv-6775. The people who sued are called the Plaintiffs. The Defendant is 9199-4467 Quebec Inc. d/b/a Earth Rated ("Earth Rated").

What is this about?

Plaintiffs Meganne Natale and Chelsea Cheng (collectively, the "Class Representatives") allege that they were misled into believing that Earth Rated Certified Compostable Poop Bags (the "Certified Compostable Poop Bags") were "compostable." Earth Rated claims these particular products are compostable and denies all allegations of wrongdoing. The Court has not determined who is right. Rather, the Parties have agreed to settle the lawsuit to avoid the uncertainties and expenses associated with ongoing litigation.

What does the settlement provide?

If approved, a $825,000.00 Settlement Fund will be created to pay Settlement Class Member benefits, the cost of notice and settlement administration, attorneys' fees, costs and expenses, and Class Representative awards. Details of the settlement benefits can be found in the Settlement Agreement available at www.ERCompostableSettlement.com.

Am I a Settlement Class Member?

You are a Settlement Class Member if you purchased one or more units of the Certified Compostable Poop Bags during the class period which extends from October 28, 2015 to June 13, 2024.

Your legal rights and options.

• File A Claim Form by December 9, 2024. If you are a member of the Settlement Class, you must submit a Claim Form to receive a share of the Settlement Fund. If you submit a Claim Form without proof of purchase, you will receive a payment of $2.00 per unit of Certified Compostable Poop Bag purchased, up to $6.00. If you submit a Claim Form with proof of purchase, you will receive a payment of $2.00 per unit of Certified Compostable Poop Bags purchased, subject to no cap. Those awards may be subject to pro rata adjustment depending on the number of valid claims that are filed.

Claim Forms may be submitted electronically at www.ERCompostableSettlement.com or by printing and mailing a paper Claim Form, available for download at www.ERCompostableSettlement.com. By filing a claim, you will give up your right to sue Defendant for the claims being resolved by this settlement.

• Do Nothing. If you do nothing and the Settlement becomes final, you will not receive a payment and you will give up your right to sue Defendant for the claims being resolved by this settlement.
• Exclude Yourself by September 23, 2024. If you exclude yourself from the settlement (also called "opting out"), you will not receive a payment, but you will keep your right to sue Defendant for the claims being resolved by this settlement. To exclude yourself from the settlement, submit a request for exclusion either at www.ERCompostableSettlement.com (via the online form) or by mailing a letter (or request for exclusion) to:  Earth Rated Compostable Settlement, c/o JND Legal Administration, P.O Box 91398, Seattle, WA 98111. Your exclusion request must include your name, your address, a statement that you purchased Certified Compostable Poop Bags from October 28, 2015 to June 13, 2024, your signature, the name and number of this case (Natale et al. v. 9199-4467 Quebec Inc. d/b/a Earth Rated, Case No. 2:21-cv-6775), and a statement that you wish to be excluded.
• Object by September 23, 2024. If you are a Settlement Class Member and you do not exclude yourself from the settlement, you may object to the settlement if you don't like any part of it. The Court will consider your views. Go to www.ERCompostableSettlement.com for details on how to file an objection.

Who represents me?

The Court has appointed Bursor & Fisher, P.A. to be the attorneys representing the Settlement Class as Class Counsel. Defendant has agreed that Class Counsel attorneys' fees and costs may be paid out of the Settlement Fund in an amount to be determined by the Court, but no more than one-third (1/3) of the Settlement Fund.

Subject to approval by the Court, Defendant has also agreed that the Class Representatives may be paid a Service Award of $5,000 each from the Settlement Fund for their services in helping to bring and resolve this case.

When will the Court consider the Settlement?

The Court will hold a Final Approval Hearing at 10:30 a.m. EST on October 23, 2024. At that hearing, the Court will determine whether to approve the settlement as fair, reasonable, adequate, and in the best interests of the Settlement Class; consider Class Counsel's request for attorneys' fees and expenses; and consider the request for Service Awards to the Class Representatives. If you filed and mailed a written objection on time, the Court will also consider it. You do not have to attend the Final Approval Hearing, but you are welcome to come at your own expense.

Where can I get more information?

A more detailed notice and important case documents are at www.ERCompostableSettlement.com. You may also call (877) 495-3332 with questions.

SOURCE JND Legal Administration