New Class Action Settlements: Naked Juice, Barbara’s Bakery

Here are a few new proposed class action settlements that may affect you. They both involve popular food products that marketed themselves as “All Natural” and ran into some controversy:

Naked Juice. If you bought an eligible Naked Juice product between September 27, 2007 and August 19, 2013 you could claim up to $75 with proof of purchase, or up to $45 without proof of purchase. I tend to break down and buy these horribly-expensive drinks when I’m sick.

The payout varies with how much you spent during that time period. As long as you spent $45.01, the proposed settlement will get you $45 without the need to provide receipts. File a claim here.

Barbara’s Bakery. Barbara’s Bakery makes a variety of “healthy” cereals and snacks, most notably for me their popular Puffin cereal which is sold at many natural foods-type stores including Trader Joe’s. Consumers can get up to $100 if they bought eligible Barbara’s Bakery products [pdf] between May 23, 2008 and July 5, 2013. It doesn’t appear that proof of purchase is required upfront, although as usual they may ask for it later. Who saves their cereal receipts?

The payout varies with how much you spent during that time period, starting at a maximum of $5 if you spent $10 or less. As long as you spent over $100, the proposed settlement will get you up to $100. File a claim here.

With all of these class action settlements, you need a lot of patience and a stable mailing address. For example with this old Sprint ETF class actions settlement I wrote about in January 2009, I didn’t get the check until this month, August 2013!

Comments

  1. howard_roark says:

    love your blog…but to take advantage of class action suits is cowardly, especially if you personally were not harmed. Just don’t buy the product, simple as that.

    This is actually very contrary to your ficscal minded choice making, all this does is drive up incremental cost as ALL companies have to have resources dedicated to fending off class action suits. Research how many times big companies are SUED each day with 99.9999999% being frivolous. These types of articles make me feel sad for MMB

  2. I have never done a class action before but I definitely have consumed these products on a weekly basis. This sounds like free $45, but are there any downfalls for participating? Are lawyers going to pester me and send me legal notices?

  3. @howard_roark…yeah just leave the $$$ from settlement to the blood-sucking class action lawyers so they can keep these claims. The settlements are a cost of doing business for large corporations and an easy means of income for class-action lawyers. Your anger should be directed at the law firms who file these claims knowing full well the consumers who have been harmed will not see a penny. If no consumers claim the $$$ from the settlement it ends up in the lawyers hands. I don’t see anything wrong with filing this if you consumed the product. Keep up the good work Mymoneyblog.

  4. In my last year of college 2007-2008 I drank Naked at least 3 times a week. At $3-$4 each, I must have spent at least $300 on them, too bad I don’t have any receipts.

  5. I have mixed emotions about class action lawsuits. I think that they are an important tool to help keep companies accountable for their actions, but I also think that many people get on the bandwagon when they think they can make some cash whether they were personally harmed or not. Not sure what the solution is, but I wish there was a way to ensure that the only ones made whole are the ones who were actually harmed because in the end, you might get a few bucks by climbing on the bandwagon, but you can rest assured that you will pay more at the register for your next purchase of that product.

  6. What I am doing is just letting people know that it exists when I think it affects enough readers. Otherwise it’s not that well-publicized as there is no system to record grocery purchases, unlike say a car recall. If you were caused damages, you have the right to make a claim. Again, there is always the option to not make a claim or to opt out of the class action. I think people can decide for themselves as adults what to do. It’s true that the lawyers take a big chunk but that’s a tort reform issue.

    They usually just ask for address, so I don’t think I’ve been spammed as a result of participating in past settlements. Definitely no legal notices or that sort of thing.

    I just checked and the last time I wrote about one of these was for Groupon voucher expirations in May 2012… over a year ago.

  7. Whether you file a claim or not, the suit is already filed and a settlement is already reached. For the Naked Juice one, the company is already paying $9 million. Not filing a claim is not going to save the company any money. Filing a claim doesn’t drive up its cost. It’s just a matter of how many people file claims and how much each person gets. If more people file, each person will get less. It’s *up to* $45 and *up to* $75.

  8. I just called Costco for proof of purchase on the Naked Juice. They were reluctant at first, but after I explain the situation, and they look up the information about the settlement, they agree to search through my purchase record and s end me the proof over email.

  9. howard_roark says:

    You all can justify it to yourselfs however you want…. Bottom line if people did not claim then they would slowly stop. Period point blank.

  10. Check this website too: http://www.classactionrebates.com/ to find claims you’re eligible for depending on what you’ve purchased in the past.

    As Jonathan responded, don’t take advantage of it, but it’s a helpful resource for consumers to learn of what they are potentially eligible for.

  11. John Wilks says:

    I think Prosper had a class action a few years back. I think I may have been entitled to about $9.

  12. howard_roark: I don’t understand your argument. Are you saying if consumers stop claiming, lawyers are going to stop suing companies? As Harry pointed out, the company is already paying the $9 million whether consumers make claims or not.

    On a side note, anyone know if the $45/$75 max is per person, or address?

  13. Howard_roark says:

    Yes of course. If people stop supporting frivolous class action suits, then the suits will eventually go away. The suit is behalf of somebody, if there is no someboy then there is no suit.

    By your logic you are saying the money is already being paid out let me get my cut. What a slimey undersving self serving mentatlity to have. Why should they pay you money where you not capable of reading the ingredient label? You are just a another cog in the gimmie gimmie gimmie I deserve this mentality… To get this back to a financial discussion THERE IS NO FREE LUNCH…in anything. The company has to pay, which again, there is no free lunch, so the employees probably have to pay and then ultimately the consumer will have to pay…. Class action lawsuits are bulls&*(. Same thing for the Nutella suit and all the others Johnathan has posted…its a way to weasel money. I will say the articles of this site are starting to disappoint me, the same with the way to same the AUTOCHECK website to get free carfaxs off of dealers accounts. Again its not yours you dont have the right to it just because you have access to it.

  14. It only takes one person to sue, and if you really think everyone in this country going to stop suing all of a sudden, then I’m sorry to say but you’re dreaming.

    In regards to your logic, I disrespectfully disagree. As Jonathan already noted, all he is doing is putting information out there for those that are not aware. It’s up to the individual to decide whether to take advantage of the situation or not.

    I for one find this information useful, as do many others. I purchased something to clean my toilet a while back, and that product ended up damaging my toilet. I later came to find out that there was a similar class action settlement for damages, which I gladly entered in for repairs. I read all the labels, and no where did the cleaner say it was going to damage my toilet. Do you really think it’s fair for consumers to pay for repairs out of their pocket from a faulty product that was paid for and a big company profited from? No. Did I really have time to sue this company for repairs? No. Was the class action settlement helpful in paying for repairs that I would have had to pay out of my own pocket? Yes. Did I weasel money? No.

    Sorry Howard, but everyone’s situation is different and having this information available is helpful.

  15. Howard_roark – I have to assume from your username, assuming you know anything about what that name is, that you are a Ayn Rand/libertarian type person. One of the basic tenets of libertarian thought is that most regulation of businesses is unnecessary, and in fact is in favor of using the legal system through lawsuits to hold businesses accountable. Class action lawsuits are most assuredly NOT “bulls&*(” – they are the only way that people who have suffered damages which are small individual can receive relief. Just because that system is sometimes abused does not mean it does not serve a purpose.

    While it certainly could use some reforms, I view the class action system like the old expression used to defend the “innocent until proven guilty” standard of our system, “Better that 10 guilty men go free than one innocent man suffer.”

  16. Howard_roark says:

    John: So have you ever heard of saying “if everybody jump off a bridge….” you get my point. Most companies have a 1-800 number and will work with you directly. I used resolve the carpet cleaner i a test spot of carpet, it stained it, I called them and the reimbursed me for a new rug. You dont have to join the SUE train. You showed your true colors when you said “Big company profited from them” Guess what like you said 9/10 other users may have had a fine time with that same toilet bowl cleaner. You choose to ruin it for everybody, now they probably waterdown the formula not cleaning anything wasting peoples money in a different way. Any you wonder why people refer to the good ole days. What do you think cleans your toilet its usucally a combination of abrasives and bleach, you surely must understand that is a level of risk in most activities in life and if you sued for everything that did not work perfectly nobody would ever take the risk to offer a product. Hello we are seeing that in medicine too. Take some accountability and flex your consumer muscle dont jump on a lawsuit bandwagon. Tort reform is sorely needed in this country.

    Everything has a consequence the fact that you do not understand yours in should not be my problem.

  17. Howard_roark says:

    Objectivism (Ayn Rand) is different than Libritianism. You to are missing the point, in these cases (truly commonsense to read a label) you do not need a lawsuit you just need consumer choice. Dont buy the product. Apparently you didnt think it was so bad you bought it every week for years but now all of a sudden you dislike it and what money for it? I dont buy it, its taking advantage, its miniminze personal accountability. It negats that actions have consequences. It would be nice to have some of you actually research the cost of these class action suits and read what the drivers of the lawsuits are…. They are usually semantics, they are not life changing lawsuits keeping elevators from falling or buildings from crashing down. They are posturing about what the word natural means, how hot coffee can be, if a store had 2 versus 3 wet floor sings….etc… Yes there are some legit class action suits, but like I said in the beginning 99% including this one are totally BS and the only reason people accept it is because they see a quick buck (which is visible) but cannot see the actual long term cost. This is my last post as neither of us our going to change our position. If you actually read fountain head its about the individual attaining greatness on his own good and bad, nothing about that supports gaming a class action lawsuit.

  18. ttfitz made several good points.

    And no, I don’t get your point.

    Actually I did call the 1-800 number and they said their product did not cause any damages to my toilet, which was obviously where this lawsuit came from–their denial in the fact that their product is the cause of any damage. Guess what? I was stuck paying for the damages out of my own pocket, and with this settlement I was able to get reimbursed for the damages. I’ve used plenty of products in the past with bleach and other abrasives and never had a problem. I did not ruin it for “everyone”. Their product was faulty and they should be liable for it, period.

    I’m hoping they went back to their labs and created a cleaner that is both effective and no longer damages toilets. If anything this is saving consumers hundreds of dollars in wasted time/repairs. I’d rather waste a $1 and change on a cleaner that doesn’t work rather than hundreds of dollars if repairs. If it doesn’t work, I’ll move on to another product and find one that does.

    Yes, people shouldn’t abuse these settlements, yes, we could use some reforms, but the whole point is that without this information, I would’ve been out of $150+ because of a defective product. Why should I take accountability for this? That makes no sense.

  19. Howard_roark – I agree there is no point in trying to change anyone’s mind, the point in responding to Objectivists or libertarians is to make sure their viewpoint does not go unchallenged.

    My only reason to respond is to say that I am quite aware that objectivism and libertarianism are not the same, but it does hold many viewpoints in common. Also, I wanted to say I have indeed read The Fountainhead many times, as well as Atlas Shrugged many times (and from reading your writings, I’m guessing I read them more than once before you were even born), and am quite familar with both their literal content and their philosophy.

    And as a final snarky point about class actions – if the heroes of Atlas Shrugged had done as you suggested and stood on their own, they never would have achieved their objective.

  20. John, thanks for posting that site. There were four products that I had bought. I must have been missing out on lots of these.

    I never paid any attention to this stuff, I always thought you need the receipts, and a lawyer, and that it would be really complicated.

  21. Can I use the UPC as proof of purchase? Can I use the cap or the empty bottle as proof of purchase?!? I still have them in my big recycling bin.

  22. >howard_roark Says:
    >August 23rd, 2013 at 11:44 am

    >You all can justify it to yourselfs however you want…. Bottom line if people did not
    >claim then they would slowly stop. Period point blank.

    Not sure you understand how things work, your logic is broken. People making a claim after a lawsuit is settled does not change the fact that a lawsuit has been filed. Lawsuits must be filed first and won for people to claim the settlement. Just because people don’t claim does not mean lawsuits won’t be filed. The lawyers get paid whether or not you or I make a claim of a class action lawsuit. So that doesn’t stop the incentive of lawyers taking on cases that are frivolous and trying to win them.

    For those that need help reading the settlement like howard does, I’ll rephrase the highlights.

    -It’s a $9 million dollar settlement.
    -$3.12 million of it is going to the “blood-sucking” lawyers responsible for this case.
    -The reason for the settlement is false advertisement. The labeling claims it is “All natural”, but the apparently it wasn’t.
    -Anything left over goes to Mayo Clinic, plus several legal aid foundations that provide legal services for the poor.

  23. Jason Boxman says:

    Thanks for this! I used to buy tons of Naked drinks during the date range stipulated. Years later, I looked up the ingredients and discovered that at least for the Blue Machine variant, it included a synthetic fiber made from corn. It had the unfortunate side affect of producing a ton of gas.

  24. And about Naked supporting GMO’s in California ????……………………

  25. Received discourse meant check today! Woohoo! $34.37

  26. Family sent max $75 in receipts. Got only one check for $6. The others never got a check–company was contacted and they said their requests were rejected because lack of receipts. HUH?!? It was a slap in the face and such a waste of time collecting all those valid receipts.

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