PURCHASERS OF ZOA ENERGY DRINKS LABELED WITH "0 PRESERVATIVES" MAY BE ENTITLED TO A PAYMENT FROM A CLASS ACTION SETTLEMENT

PHILADELPHIA, Dec. 15, 2025 /PRNewswire/ -- The following statement is being issued by Kroll Settlement Administration regarding Mikhail Gershzon v. ZOA Energy, LLC, Case No. 3:23-cv-5444-JD (N.D. Cal.).

A Settlement has been reached in a class action lawsuit against ZOA Energy, LLC ("Defendant") which asserts claims under California law, including California Business & Professions Code § 17200 et seq., California Business & Professions Code § 17500 et seq., California Civil Code § 1750 et seq., as well as claims for breach of express warranty, common-law fraud, intentional misrepresentation, negligent misrepresentation, and restitution based on quasi-contract/unjust enrichment associated with the sale of Defendant's energy drink bearing the statement "0 Preservatives" on the label ("Product").

The Settlement Class includes all persons in the United States who, from March 1, 2021, to November 21, 2025 ("Class Period"), purchased in the United States, for personal or household consumption and not for resale or distribution, one or more Products bearing the statement "0 Preservatives" on the label.

The Settlement provides for the establishment of a Settlement Fund in the amount of $3,000,000. Each Settlement Class Member who timely files an Approved Claim without a Proof of Purchase receipt will receive $1 for every can of Product purchased ($10 max) from the Settlement Fund. Each Settlement Class Member who timely files an Approved Claim with a Proof of Purchase receipt will receive $1 for every can of Product purchased ($150 max) from the Settlement Fund. If the total value of all Approved Claims exceeds the funds available after making certain deductions, then Settlement Payments amounts will be reduced pro rata, as necessary. Settlement Payments that are not redeemed (e.g., uncashed checks) within 180 calendar days after issuance ("Unredeemed Payments") will be donated cy pres to the Clean Label Project.

In order to receive a Settlement Payment, you must complete and submit a Claim Form online or mailed postmarked by February 20, 2026. Claim Forms may be submitted online at www.ZOASettlement.com or printed from the website and mailed to the Claims Administrator.

If you don't want to make a Claim and you don't want to be legally bound by the Settlement, you must submit a Request for Exclusion no later than February 13, 2026, or you will not be able to sue, or continue to sue, the Defendant about the claims and allegations in this case.

If you want to stay in the Settlement Class, but you want to object to the Settlement and/or to Class Counsel's request for Fees and Costs Award, your objection must be filed with the Court no later than February 13, 2026.

The Court has scheduled a Final Approval Hearing on March 26, 2026, at 10:00 a.m. in Courtroom 11 at the San Francisco Courthouse. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check www.ZOASettlement.com for updates. At the Final Approval Hearing, the Parties will request that the Court consider whether the Settlement Class should be certified as a class for settlement purposes and, if so, (i) consider any properly-filed objections; (ii) determine whether the Settlement is fair, reasonable and adequate, was entered into in good faith and without collusion, and should be approved, and shall provide findings in connection therewith; and (iii) enter the Final Approval Order, including final approval of the Class Action Settlement Agreement and Release, and a Fees and Costs Award. It is unknown how long these decisions will take. The Court has appointed the law firms of Kuzyk Law, LLP and Law Offices of Peter N. Wasylyk to represent the Settlement Class. These attorneys are called Class Counsel. You will not be charged for their services. If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense.

If you have questions or want more information about the Settlement and your rights, visit www.ZOASettlement.com, call (833) 890-6436, or write to Gershzon v. ZOA Energy, LLC, c/o Kroll Settlement Administration, P.O. Box 225391, New York, NY 10150-5391.

SOURCE Kroll Settlement Administration