If you purchased Packaged Tuna products directly from Bumble Bee, Chicken of the Sea, StarKist, or Thai Union Group between June 1, 2011 and July 31, 2015, you could be affected by a class action settlement

SEATTLE, Sept. 4, 2024 /PRNewswire/ -- JND Legal Administration

Proposed Settlements have been reached in In Re: Packaged Seafood Products Antitrust Litigation, No. 15-md-2670 DMS (MSB), MDL No. 2670, in the United States District Court for the Southern District of California (the "Court").

Certain Direct Purchaser Plaintiffs―the named Class Representatives: Olean Wholesale Grocery Cooperative, Inc., Pacific Groservice Inc. d/b/a PITCO Foods, Piggly Wiggly Alabama Distributing Co., Inc., Howard Samuels as Trustee in Bankruptcy for Central Grocers, Inc., Trepco Imports and Distribution Ltd., and Benjamin Foods LLC―sued on behalf of a certified class. The companies they sued are called the Defendants and include Tri Union Seafoods LLC d/b/a Chicken of the Sea International ("COSI"), Thai Union Group PCL ("TUG"), Bumble Bee Foods LLC ("Bumble Bee"), StarKist Co. ("StarKist"), Dongwon Industries Co., Ltd. ("DWI"), and Lion Capital LLP, Lion Capital (Americas), Inc., and Big Catch Cayman LP (collectively, the "Lion Companies").

Proposed Settlements have been reached with StarKist, DWI, and the Lion Companies (collectively "Settling Defendants"). While these Settling Defendants deny all allegations, they have agreed to settle to avoid the uncertainties and risks of further litigation. A settlement was also reached previously with COSI and TUG ("COSI/TUG Settlement"). Bumble Bee Foods LLC went bankrupt.

Who is part of the Settlement Class?

Settlement Class Members include individuals or companies who directly purchased Packaged Tuna Products (excluding tuna salad kits and cups and salvage purchases) within the United States, its territories and the District of Columbia from any Defendant at any time between June 1, 2011 and July 31, 2015. Excluded from the class are all governmental entities; Defendants and any parent, subsidiary or affiliate thereof; Defendants' officers, directors, employees, and immediate families; any federal judges or their staffs; purchases of tuna salad kits or cups; and salvage purchases. Also excluded from the class is any person or entity that was excluded from the class, in whole or in part, pursuant to the Court's Order in this Action at ECF No. 3097, which incorporates the list of entities at ECF No. 3095-1. Packaged Tuna Products means shelf-stable tuna sold for human consumption and packaged in either cans or pouches.

What is this case about?

Direct Purchaser Plaintiffs allege that Defendants conspired to fix, raise, and maintain the prices that direct purchasers paid for Packaged Tuna and that, as a result, members of the Class paid more than they otherwise would have. Defendants have denied all liability for this conduct and/or assert that their conduct was lawful or exempt from the antitrust laws, or that their conduct did not cause injury, among other defenses. The Court has not decided who is right.

What do the proposed Settlements provide?

If the proposed Settlements are approved, Settling Defendants will pay a total of $38,650,000 in cash, and StarKist will also provide Packaged Tuna Products/other products valued at $26,100,000 for distribution to Settlement Class Members with valid claims. Go to www.TunaDirectPurchaserCase.com for more details.

What are the settlement benefits being used for?

Settlement Class Members with valid claims will be entitled to receive cash and Packaged Tuna Products, with the actual amount depending on the number of valid claims and the volume of commerce represented in those claims. Additionally, a portion of the Settlement Amounts may be used by the Claims Administrator to administer notice and distribute the settlement proceeds, as well as to pay Service Awards to the named Class Representatives for their work in the case ($12,500 for each of the Class Representatives, subject to Court approval).

Any undistributed funds will be used to make subsequent distributions to eligible Settlement Class Members, or, if it is infeasible to do so, will be distributed to the Center for Public Interest Law at the University of San Diego School of Law, or similar program at another law school, subject to the Court's approval. Any unclaimed product will be distributed to Feeding America and/or Feeding the Children or other food banks, hot meal programs, or charities, subject to the Court's approval.

How do I file a claim?

Eligible Settlement Class Members must file a claim to receive benefits by October 18, 2024. If you previously filed a claim in the COSI/TUG Settlement, you do not have to file a new claim. To file a claim online, go to www.TunaDirectPurchaserCase.com and enter the Unique ID and PIN printed on the Notice that was mailed to you. If you do not have the Notice, call 1-866-615-0970. When you log into the online claim portal, you will be able to view the commerce attributed to you for purchases from each Defendant. If you disagree with any of the commerce values, you may dispute them with supported documentation. Claims are subject to verification. Individual awards will be based on the number of valid claims and will be calculated pro rata based on the total commerce attributed to you. 

You may also file a claim by mail. The Claim Form is available for download at www.TunaDirectPurchaserCase.com, or you may request one by email at [email protected] or by phone at 1-866-615-0970.

Once all claims have been reviewed and final claim determinations have been made, eligible Settlement Class Members will be mailed a check and instructions on how to redeem the StarKist Product benefits. Settlement Class Members can place an order for any StarKist-branded products on StarKist's national price list in effect on the date that they place their order to redeem their pro rata share of StarKist Products. Settlement Class Members can redeem their pro rata share of the Product benefit for 3 years following Final Approval of the proposed Settlement with StarKist and DWI ("StarKist and DWI Settlement") or following ninety (90) days after the Claims Administrator provides StarKist with the pro rata allocation of the Product Component of the StarKist and DWI Settlement, whichever is later. Settlement Class Members must place their first order for StarKist Products within 180 days after the Final Approval of the StarKist and DWI Settlement or 90 days after the Claims Administrator provides StarKist with the pro rata allocation of the Product Component of the StarKist and DWI Settlement, whichever is later.

Do I have a lawyer and how will they be paid?

The Court has appointed Hausfeld LLP as Class Counsel. You will not have to pay any attorneys' fees or costs out of pocket. Under the Settlements, attorneys' fees and litigation expenses will be paid out of the Settlement Funds. 90.7% of any fees, expenses, or Service Awards to Class Representatives will be paid from the StarKist and DWI settlement and 9.3% of any fees, expenses, or Service Awards will be paid from the proposed Settlement with the Lion Companies. Any award of fees or expenses is subject to approval by the Court. Class Counsel's motion for approval of their fees and costs will be filed with the Court by October 4, 2024 and will be posted at www.TunaDirectPurchaserCase.com prior to October 18, 2024, which is the deadline for objections.

What are my rights and options?

DO NOTHING. You will remain a member of the Settlement Class, but unless you already submitted a valid claim in the COSI/TUG Settlement, you will not receive any settlement benefits. Settlement Class Members who submitted a valid claim in the COSI/TUG Settlement who do nothing will receive a cash payment and Packaged Tuna Products, except to the extent that they previously released claims against these Settling Defendants.

OBJECT TO THE PROPOSED SETTLEMENTS. If you are part of the Settlement Class, you may tell the Court what you do not like about the proposed Settlements. You will still be bound by the proposed Settlements. Go to www.TunaDirectPurchaserCase.com for details on how to file an objection. Objections must be postmarked by October 18, 2024.

FILE A CLAIM. If you did not previously submit a claim in the COSI/TUG Settlement and you did not previously opt out of the litigation class against the Settling Defendants, as explained above, you may now file a claim. You may file a claim regardless of whether you file timely objections. As explained above, your claim must be filed by October 18, 2024.

Fairness Hearing

The Court will hold a Fairness Hearing at 1:30 p.m. PT on November 22, 2024. At the hearing, the Court will consider (1) whether the proposed Settlements should be approved as fair, reasonable, and adequate and whether judgment should be entered dismissing the claims of Direct Purchaser Plaintiffs and all Settlement Class Members against Settling Defendants on the merits and with prejudice; and (2) whether to approve any application by Class Counsel for an award of attorneys' fees and payment of costs and expenses, and any Service Awards to the named Class Representatives. If there are objections, the Court will consider them. You may attend and ask to speak at the Fairness Hearing, but you don't have to. The Court will listen to people who have asked to speak at the hearing. After the hearing, the Court will decide whether to approve the Settlements. We do not know how long the Court will take to decide. Please check www.TunaDirectPurchaserCase.com regularly for updates.

Questions?

Visit www.TunaDirectPurchaserCase.com, call toll-free 1-866-615-0970, or contact Class Counsel directly at [email protected] or 415-633-1908.

Please do not contact the Court.

SOURCE JND Legal Administration