Frequently Asked Questions
- What is this lawsuit about?
- Who is included in the Settlement Class?
- What can I get from the Settlement?
- How can I get a cash payment?
- How will the lawyers be paid?
- Do I have a lawyer in this case?
- How do I get out of the Settlement?
- How do I tell the Court that I do not like the Settlement?
- When and where will the Court decide whether to approve the Settlement?
Plaintiff filed a class action lawsuit claiming that General Mills, Inc. and Yoplait USA, Inc. (“Defendants”) engaged in deceptive and unfair conduct in violation of state consumer protection laws by advertising that its YoPlus®-branded yogurt products provide digestive health benefits that regular yogurt does not provide. Defendants deny all allegations and are entering into this Settlement to avoid burdensome and costly litigation. The Settlement is not an admission of wrongdoing.
The Parties have agreed to settle the lawsuit on the terms explained in the Notice.
You are a member of the Settlement Class if you purchased YoPlus® yogurt in the United States between July 26, 2007 and July 5, 2012, inclusive (the “Settlement Class Period”). Excluded from the Settlement Class are: (i) those who purchased for the YoPlus® branded products for the purpose of resale; (ii) those with claims for personal injuries arising from the ingestion of one or more YoPlus® branded products; (iii) Defendants and their officers, directors and employees; (iv) any person who files a valid and timely Request for Exclusion; and (v) the Judges to whom this Action and the Other Actions are assigned and any members of their immediate families.
For each YoPlus® Unit you purchased during the Settlement Class Period you may receive $4.
If you requested an Award for 13 YoPlus® Units or less, no Proof of Purchase is necessary.
If you requested an Award of more than 13 YoPlus® Units, you must provide Proof of Purchase.
A YoPlus® “Unit” means a single package of YoPlus®. Most commonly, a YoPlus Unit will be a package with four individual containers of YoPlus®.
Any monies remaining in the Settlement Fund after paying valid claims and expenses, as well as Attorneys’ Fees and Expenses and service awards, will be paid to National Consumer Law Center and the Mayo Clinic, or to some other similar non-profit organization or organizations as the Court determines.
To receive cash, you must have completed and returned a Claim Form postmarked or submitted electronically no later than August 16, 2013.
Class Counsel asked the Court to award attorneys’ fees not to exceed 30% of the $8.5 million Settlement Fund, plus out-of-pocket expenses incurred. This amount will be paid from the Settlement Fund.
In addition, Class Counsel asked the Court to award the Plaintiff in this Action (Jeremiah Johnson) and the Other Plaintiffs in the related Other Actions service awards totaling $6,000 for their time and effort acting as plaintiffs in the lawsuits.
Defendants did not oppose these awards.
The Court appointed the law firms of Robbins Geller Rudman & Dowd LLP and Blood Hurst & O’Reardon, LLP to represent you and other Settlement Class Members. These lawyers are called Class Counsel. If you want to be represented by your own lawyer, you may hire one at your own expense and enter an appearance through your own counsel.
The deadline to exclude yourself was May 18, 2013.
The deadline to object to the settlement was May 18, 2013.
The Court held a Final Approval Hearing at 1:30 p.m. on June 17, 2013 in the Courtroom of the Honorable Cormac J. Carney, United States District Court for the Central District of California, 411 West Fourth Street, Santa Ana, CA 92701-4516. At this hearing, the Court approved the settlement.