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Case ID: 2625 | Consumer Products | 08/12/2003
The parties have reached a $1,025,000 settlement in a class action filed against DeConna Ice Cream Company and Highland Roberts Ice Cream Company on behalf of all persons who purchased Big Daddy branded ice cream at any time between May 1, 1995, and June 17, 2001. The action alleged that the companies sold the ice cream to consumers with a label stating the product contained only 100 calories and 2 grams of fat per 12 ounce serving, when in fact Big Daddy contained 300 calories and 7 grams of fat per 12-ounce serving in violation of state consumer protection laws. Claims must be received by December 31, 2003, to be considered valid.
Under the settlement, the companies have agreed to (1) establish a $25,000 fund from which class members who submit receipts for the purchase of Big Daddy during the stated period will receive, at the class member's election, a full refund or coupons for two free cups of Big Daddy for each cup purchased; (2) make available $800,000 of coupons for two free cups of Big Daddy for each cup purchased by class members that do not have receipts, up to a maximum of 12 free cups for each class member and a total of 800,000 coupons; and (3) make available $200,000 of coupons for 25 cents off the purchase of single cup of Big Daddy, and provide every class member that timely submits a claim form, in addition to the relief set forth above, four coupons for 25 cents off the purchase of single cup of Big Daddy, up to a total of 800,000 coupons for 25 cents off. In addition to the monetary portion of the settlement, the companies agreed not to mislabel Big Daddy and any other products that they sell or distribute. They will also submit Big Daddy for testing on a quarterly basis for a term of three years to a laboratory agreeable to all parties to confirm the accuracy of Big Daddy's label and to pay for all costs associated with the testing. Claims forms may be downloaded from the class attorney's website. The settlement will not be effective until the court grants it final approval. The court has scheduled a hearing on the matter for September 9, 2003.
At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Consumer Products Cases of Interest A $5 billion class-action lawsuit has been filed in federal courts by multiple attorneys in several states against DuPont Co. saying the company failed to warn consumers of the dangers of a Teflon chemical. Rewards Network Inc., which provides marketing services and loyalty programs to the restaurant industry, reached a preliminary agreement to settle a class action lawsuit brought against the company in California for up to $28 million. An FTC administrative proceeding has been filed against the Internet Marketing Group, Inc., and affiliated businesses OneSetPrice, Inc., RPM Marketing Group, Inc., National Events Coordinators, Inc.; First Choice Terminal, Inc.; First Choice Terminal, Inc.; and B & C Ventures, Inc., on behalf of consumers who bought into multipurpose public access Internet terminal and telephone calling card business ventures since August 2001. The action accuses the defendants of making false and unsubstantiated earnings claims, and misrepresenting their cancellation and refund policies, in violation of the FTC's Franchise Rule and Telemarketing Sales Rule. A Settlement has been proposed in a class action lawsuit to settle claims of those who purchased (for home or office use and not for resale) invisible and transparent tape manufactured by 3M Company and sold in the United States, such as Scotch Magic tape, Scotch transparent tape, Highland tapes and other invisible and/or transparent tapes. Several class actions have been filed against personal protection and safety equipment manufacturer Abatix Corporation (Nasdaq:ABIX) and certain of its officers and directors by stockholders who purchased the company's common stock between 5:05 p.m. Eastern Standard Time on April 14, 2004, and 8:24 a.m. EST on April 21, 2004. The actions claim that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. A class action lawsuit has been filed in the Southern District Court of Florida against Dinosaur Tire & Performance Center, Inc. The case involves violations of the Fair Labor Standards Act. No additional information about the substance of the allegations is available at this time. Classactionamerica.com will monitor this case and provide additional details as soon as they become available. |
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