Red Bull lost in court. Here is a claim form or options for you under the class action lawsuit. Apparently good for $10 or free Red Bull. See details. Remember to tip Bitcoin Macroeconomics a Red Bull! http://BTCmacroecon.tip.me <——Tip Bitcoin Macroeconomics via Change Tip
Energy Drink Settlement
Overview Of The Proposed Settlement
Benjamin Careathers v. Red Bull North America, Inc., Case No. 1:13-CV-00369 (KPF)
Wolf, et al. v. Red Bull GmbH, et al., Case No. 1:13-CV-08008 (KPF)
Please Note: You must be a resident of the United States to participate in this Settlement.
This settlement addresses two consumer class action lawsuits currently consolidated and pending in the United States District Court for the Southern District of New York: (1) Benjamin Careathers v. Red Bull North America, Inc., Case No. 1:13-CV-00369 (KPF); and (2) Wolf et al. v. Red Bull GmbH, et al,. Case No. 1:13-CV-08008 (KPF). The consumers who brought these lawsuits as class representatives, Benjamin Careathers, David Wolf, and Miguel Almaraz, are called the “Plaintiffs,” and the company they sued, Red Bull, is called the “Defendant.”
Plaintiffs brought these lawsuits, alleging that Red Bull’s marketing and labeling misrepresents both the functionality and safety of Red Bull beverages. Plaintiffs made claims against Red Bull for breach of express warranty, unjust enrichment, and violations of various states’ consumer protection statutes. Red Bull denies any and all wrongdoing or liability and maintains that its marketing and labeling have always been entirely truthful and accurate.
What Are My Options?
|DO NOTHING||You will receive no cash payment or free Red Bull products and give up your legal rights to sue Red Bull about the claims in this case.|
|SUBMIT A CLAIM FORM BY MARCH 2, 2015||This is the only way to receive either a cash payment or free Red Bull products. The deadlines and procedures for submission of these forms are described in this Notice.|
|EXCLUDE YOURSELF (OPT OUT) BY APRIL 1, 2015||You will receive no payment, but this is the only option that allows you to ever be a part of a future individual lawsuit against Red Bull with respect to the legal claims in this case. The deadlines and procedures for opting out are described in this Notice.|
|OBJECT IN WRITING BY APRIL 1, 2015 AND/OR GO TO THE HEARING ON MAY 1, 2015 AT 10:00 A.M.||Write to the Court if you don’t like the settlement and tell the Court why you think it shouldn’t be approved in whole or in part, and/or attend a hearing before the Court about the fairness of the settlement.|
Please consult the Notice for more details on your options.
Final Approval Hearing
The Court will hold a hearing on May 1, 2015 at 10:00 a.m. to decide whether to finally approve the settlement. If the Court approves the settlement, after that there may be appeals. Payments will be distributed within 150 days after the Court grants final approval of the settlement, pending any appeals. Cash reimbursement in the form of a check will be made directly to you by first class mail after entitlement to payment to all claimants is determined. Red Bull products fulfilling the Product Option will be shipped directly to Claimants selecting the Product Option after entitlement to payment to all Claimants is determined via a shipping method to be determined by Red Bull at its discretion. Please be patient. However, if shipment of Red Bull products to a particular Settlement Class Member is not feasible or commercially reasonable, then Red Bull may substitute cash reimbursement for that particular Settlement Class Member.
Red Bull’s marks are registered trademarks of Red Bull GmbH.
|March 2, 2015||Claim Form Deadline
|April 1, 2015||Exclusion Deadline
|April 1, 2015||Objection Deadline
(filed and postmarked)
|May 1, 2015
at 10:00 a.m.
|Final Approval Hearing|
- To participate in the Settlement, submit a Claim Form
- To find out details regarding how to exclude yourself from or object to the Settlement, please consult the Notice
If you are a qualified Settlement Class Member and submit a Claim Form, you may choose to receive one of the following two benefit options:
- A cash reimbursement (in the form of a check) of $10.00; or
- Free Red Bull products (either Red Bull ® Energy Drink or Red Bull ® Sugarfree, as selected on the Claim Form) with a retail value of approximately $15.00 (the “Product Option”).
Under the terms of the settlement, certain conditions may lead to Settlement Class Members with valid claims receiving either less or more than the amounts specified. For example, the cash reimbursed and/or value of the products fulfilling the Product Option will be reduced proportionately among all Settlement Class Members with valid Claims if the total amount of eligible claims exceeds the thirteen million dollar ($13,000,000.00) fund (minus applicable notice and tax expenses) provided by Red Bull for the settlement – referred to as the “Settlement Fund.” If, on the other hand, there are excess funds in the Settlement Fund at the end of the claims period, such funds may be used to increase proportionally the amount of validly claimed cash reimbursements or products fulfilling the Product Option, depending on the rate of participation in the settlement by Class Members.
With respect to the Product Option, product packaging (e.g. a four-pack) and sizing (e.g. 8.4 ounce cans) shall be determined by Red Bull at its discretion after the final value of the Product Option has been determined. The free Red Bull products selected on the Claim Form will be shipped by Red Bull directly to class members at Red Bull’s cost. However, if shipment of Red Bull products to a particular Settlement Class Member is not feasible or commercially reasonable, then Red Bull may substitute cash reimbursement for that particular Settlement Class Member.
Please note that checks distributed to those Settlement Class Members that claim the cash reimbursement will only be cashable for a period of one hundred and twenty (120) days after the check’s issuance date. Depending on the amount of uncashed checks following that 120 day period, such amount may be either: (i) distributed proportionately to all Settlement Class Members that did cash their reimbursement check within the 120 day notice period; or (ii) donated to charity.