Madenlian v. Flax USA, Inc. Settlement
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Notice of Proposed Class Action Settlement

 

If you purchased flax milk sold in the United States by Flax USA, Inc., then you may be entitled to compensation.

 

Defendant Flax USA sold three flavors of aseptic (i.e., shelf-stable, non-refrigerated) flax milk in 32-oz size cartons:  unsweetened, vanilla and original flavors (the “Products”). The Products contain, as identified on the carton labels, ingredients including: Tricalcium Phosphate, Xanthan Gum, Vitamin A Palmitate, Vitamin D2, and Vitamin B12 (the “Challenged Ingredients”).

 

The named Plaintiff filed this lawsuit alleging that he and others bought Defendant’s flax milk Products based, at least in part, on the following allegedly misleading statement printed on the cartons:  “All Natural Dairy Free Beverage*.” Plaintiff alleges that, based on this statement, he and others believed the Products were “All Natural” and contained no artificial or synthetic ingredients, and had they known that the Products contained the Challenged Ingredients (which they contend are artificial and/or synthetic), they would not have purchased the Products. The named Plaintiff sued to recover a refund of the purchase price and other alleged damages, as well as attorneys’ fees and costs.

 

Defendant denies all allegations of wrongdoing and liability. Defendant contends that the statements “All Natural Dairy Free Beverage* / *Added Vitamins & Minerals,” read in combination, do not represent that the added vitamins and minerals are “all natural.” Defendant disputes that the inclusion of the Challenged Ingredients renders the Products’ carton false or misleading to reasonable consumers.

 

Important Case Relevant Events

A Claim Form Must be filed online, postmarked or sent by facsimile by: 04/28/2015
Any objection to the Settlement must be filed and served by: 12/29/2014
Any objection to the Attorney's Fees/Incentive Award must be filed and served by: 02/02/2015
Any request to be excluded from the Settlement must be postmarked on or before: 12/29/2014
The Final Approval Hearing will take place on: 02/23/2015