In Re: KIND LLC “HEALTHY AND ALL NATURAL” LITIGATION

Case No. 1:15-MD-2645, 1:15-MC-2645

United States District Court for the Southern District of New York

Frequently Asked Questions

  1. Basic Information

  2. Why did the Court Issue the Notice?

    The Notice is given to inform potential Class Members that (1) a class action lawsuit is pending in the United States District Court for the Southern District of New York entitled In re: KIND LLC “Healthy and All Natural” Litigation, 1:15-MD-2645 (the “Action”) has been certified by the court; (2) that certain people may be Class Members; (3) the Class Action may affect your legal rights; and (4) you have a number of options.

  3. What is the lawsuit about?

    A lawsuit was brought against KIND. The plaintiffs in the lawsuit suit claim that KIND mislabels its Products sold in New York, California, and Florida as “All Natural” or “Non-GMO” (“challenged claims”) in violation of false advertising and consumer protection laws.

    The plaintiffs contend that the challenged claims allowed KIND to sell its Products at a higher price (a “premium”) than it would have been able to without those labeling statements Plaintiffs seek a refund of the alleged premiums to all class members during the time periods stated above.

    KIND contends that its Products are, and always have been, properly labeled. It also denies that there was any “premium” price attributable to the labeling claims.

    The Court has not determined whether the plaintiffs or KIND are correct.

  4. How do I know if I am part of the Class

    The Court has certified three state-specific classes defined as:

    • All persons who purchased the Products in New York for their personal use and not for resale at any time since April 17, 2009 (the “New York Class”).
    • All persons who purchased the Products in California for their personal use and not for resale at any time since April 17, 2011 (the “California Class”).
    • All persons who purchased the Products in Florida for their personal use and not for resale at any time since April 17, 2011 (the “Florida Class”).

    If you are a member of one or more of these classes, you will be bound by the judgment in this case, unless you request to be excluded.

  5. Why is this a class action

    In a class action, one or more people called “representative plaintiffs” (“plaintiffs”) sue on behalf of all people who have similar claims. All of these people together are the “class” or “class members.” One court resolves the issues for all class members, except for those who exclude themselves from the class. The Court has determined that this case can proceed as a class action but has not made a determination on the merits of the claims.

  6. What Will Happen Next In the Case?

    The case is being litigated in the United States District Court for the Southern District of New York in New York City. No trial date has yet been set. The parties may seek to have the case decided by the Court before trial. If there is a settlement that affects your rights, additional notice will be distributed.

  7. EXCLUDING YOURSELF FROM THE CLASS

    If you wanted to keep the right to sue or continue to sue Defendants over the legal issues in the lawsuit, then you must have taken steps to remove yourself from this Class. This is called asking to be excluded from the Class, also referred to as “opting-out” of the Class.

  8. If I excluded myself, can I get anything from a settlement or judgment in this case?

    If you excluded yourself, you cannot receive any benefits that may be awarded to the class as a result of a settlement or judgment. However, if you timely and properly requested exclusion, any settlement or judgment in this case will not prevent you from suing, continuing to sue or remaining in a different lawsuit to which you are a party, or becoming part of a different lawsuit against Defendants in the future about the issues in the lawsuit. If you excluded yourself, you are not bound by anything that happens in this lawsuit.

  9. If I don’t exclude myself, can I sue later?

    If you come within the Class definition, you will be a Class Member and will be bound by any settlement or Court Orders unless you exclude yourself from the Class (also known as “opting out”). Being “bound” means that you will be precluded from bringing, or participating as a claimant in, a similar lawsuit. Persons who exclude themselves from the Class will not be bound by any potential settlement or any Court Order in this case and will not be eligible to receive any money from and potential settlement or judgment, but they will retain the right to sue Defendants for damages, at their own cost.

  10. How do I get out of the Class?

    If you want to be able to sue KIND separately for the claims being litigated as described above, you must exclude yourself. If you exclude yourself, you will not share in any money that may be awarded to the class.

    To exclude yourself, you must complete the form available on the important documents page of this website and mail a request to exclude yourself to the notice administrator at:

    Snack Product Litigation
    1650 Arch Street, Suite 2210
    Philadelphia, PA 19103

    The exclusion request must contain your name, address, the words “I wish to be excluded from the KIND LLC ‘Healthy And All Natural’ Class Action,” and your signature.

    Exclusion requests must be made or postmarked by November 30, 2021.

  11. GETTING MORE INFORMATION

  12. How do I get more information?

    The Notice summarizes the litigation. You can get a copy of the Notice, Court Orders and Opt Out Form, on the Important Documents page of this website by clicking here . You can also email the Notice Administrator at info@SnackProductLitigation.com, call the toll-free number, (855) 591-1355, or write the Administrator at:

    Snack Product Administrator
    1650 Arch St., Ste 2210
    Philadelphia, PA 19103

    You can contact plaintiffs’ counsel, Todd S. Garber, Esq., at

    Website:
    www.fbfglaw.com

    By Mail:
    FINKELSTEIN, BLANKINSHIP,
    FREI-PEARSON & GARBER, LLP
    One North Broadway, Suite 900
    White Plains, NY 10601

    By Email:
    CIS@fbfglaw.com

    Other papers filed in this lawsuit are available through PACER, the online service for the United States District Courts, at ecf.nysd.uscourts.gov. Alternatively, you may visit the office of the Clerk of the Court for the United States District Court for the Southern District of New York, Thurgood Marshall Courthouse, 40 Foley Square, New York, NY from 8:30 a.m. to 5:00 p.m., Monday through Friday, excluding Court holidays.