HILSLEY v. OCEAN SPRAY CRANBERRIES

Case No. 3:17-cv-2335-GPC(MDD)

US District Court for the Southern District of California

BASIC INFO

What is this lawsuit about?

The lawsuit claims that Defendants violated Federal and California laws by marketing and selling Ocean Spray Products with misleading packaging claiming that the Products are made with “No artificial flavors.” Plaintiff alleges that this claim is false and misleading because the Ocean Spray Products allegedly contain artificial flavoring ingredients, including dl-malic acid and fumaric acid.

 The Court has not yet decided whether the Plaintiff or Defendants are correct.

 The Court in charge of the case is the United States District Court for the Southern District of California, and the case is known as Hilsley v. Ocean Spray Cranberries, Inc., et al, Case No. 3:17-CV-2335-GPC-MDD. The person who sued is called the Plaintiff, and Ocean Spray Cranberries, Inc. and Arnold Worldwide, LLC are called the Defendants. 

 

Why is this a class action?

An individual who bought the Products has sued Defendants to recover money and injunctive relief for herself and all other people who bought the Ocean Spray Products in the California.  On November 29, 2018, the Court allowed the case to proceed as a class action for all persons and entities that purchased the Products on or after the dates noted above.  All these people are a Class or Class Members. The Court will resolve the issues in the case for all Class Members, except for those who choose to exclude themselves from the Class. The Honorable Gonzalo P. Curiel of the United States District Court for the Southern District of California is presiding over this Class Action.

 More information about why the Court is allowing this lawsuit to be a class action is in the Order Granting Plaintiff’s Motion for Class Certification is available here.

WHO IS COVERED

Who is included in the class?

The Court decided that everyone who fits the following description is a Class Member:

 All California Citizens who purchased one of the following Ocean Spray Products, for personal and household use and not for resale, in California from January 1, 2011 until March 8, 2019:

  • Ocean Spray Cran Apple;
  • Ocean Spray Cran Grape;
  • Ocean Spray “100% Apple” Juice Drink;
  • Ocean Spray Cran Raspberry;
  • Ocean Spray Wave Apple with White Cranberries;
  • Ocean Spray Wave Berry Medley;
  • Ocean Spray Cran Cherry;
  • Ocean Spray Cran Pineapple;
  • Ocean Spray Cran Pomegranate;
  • Ocean Spray Diet Cran Pomegranate;
  • Ocean Spray Diet Cran Cherry;
  • Ocean Spray Cranberry Cherry Flavor 100% Juice.

 Excluded from the Class are Defendants’ current and former officers and directors , members of the immediate families of Defendants’ officers and directors Defendants’ legal representatives, heirs, successors, and assigns, any entity in which Defendants have or had a controlling interest during the Class Period, and the judicial officers to whom this lawsuit is assigned.

If you are still not sure whether you are included in the Class, you can get more information here, or get free help by calling or writing the lawyers in this case, at the phone number or address listed here.

BENEFITS

What is the Plaintiff asking for?

Plaintiff is seeking to recover money and injunctive relief for herself and the Class based on Plaintiff’s allegations that Defendants’ packaging claims on the Products were false, deceptive, or unlawful, and caused Plaintiff to purchase a product she would not otherwise have purchased.  Defendants claim that Plaintiff should recover no money, or any other form of relief, because they have not violated the law and the packaging claims in question are supported by law.

Is there any money available now?

No money is available now because the Court has not yet decided whether Defendants have done anything wrong, and the two sides have not settled the case. There is no guarantee that any money will ever be available. If it is, you will be notified about your rights regarding any recovery.

EXCLUDING YOURSELF FROM THE CLASS

Why would I ask to be excluded?

If you would like to pursue your own lawsuit or claim against Defendants for the claims in this case, do not want to be bound by what the Court does in this case, or if you simply do not want to be part of the Class pursuing claims against Defendants, you need to ask to be excluded from the Class.  If you exclude yourself from the Class – which also means to remove yourself from the Class, and is sometimes called “opting‐out” of the Class – you will not be legally bound by the Court’s judgments in this Class Action, and will keep any right you may have to later sue Defendants for the claims being made in the case.  If you exclude yourself, you also will not get any benefits from this lawsuit if there are any.

How do I ask the Court to exclude me from the class?

To ask to be excluded, you must send an “Exclusion Request” in the form of a letter sent by mail to Ocean Spray Cranberries Artificial Flavoring Litigation, c/o Law Offices of Ronald A. Marron, 651 Arroyo Drive, San Diego, CA 92103.  Your “Exclusion Request” should include your name and address. To be valid, your letter asking to be excluded from the Class must be signed and postmarked no later than April 8, 2019. You can also ask to be excluded online by visiting here.

IF YOU DO NOTHING

What happens if I do nothing at all?

If you do not do anything now you will remain a member of the Class. If you stay in the Class and the Plaintiff obtains benefits, either as a result of a trial or a settlement, you will be notified about how to seek a share of those benefits. If you do nothing, you will be bound by the Court’s orders and will lose any right you may have to sue Defendants over the claims in this case.  You will also be legally bound by all of the Orders the Court issues and judgments the Court makes in the Class Action, including any judgment against Plaintiff and in favor of Defendant.

LAWYERS THAT REPRESENT YOU

Do I have a lawyer in this case?

The Court has appointed the Law Offices of Ronald A. Marron and the Law Office of David Elliot as Class Counsel in this case. The Court has determined that the Law Offices of Ronald A. Marron and the Law Office of David Elliot are qualified to represent you and all other Class Members. You will not be charged for these lawyers. The lawyers handling the case are experienced in handling similar cases. More information about the Law Offices of Ronald A. Marron is available in the documents section of this website.

How will the lawyers be paid?

If Class Counsel recovers any money for the Class, they will ask the Court for payment of their fees and reimbursement of their litigation costs. You will not have to pay these fees and expenses out of your own pocket. If the Court grants Class Counsel’s request, the fees and expenses will be deducted from any money obtained for the Class or paid separately by Defendant.

Can I appear in this lawsuit?

If you want yourself or your own lawyer (instead of Class Counsel) to participate or speak for you in this lawsuit, you must give the Court a paper that is titled a “Notice of Appearance.” The Notice of Appearance must contain the title of the lawsuit, a statement that you wish to appear in the lawsuit, and the signature of you or your lawyer.

GETTING MORE INFO

Where can I get more information

If you want more detailed information, you may visit the documents section of this website, where you will find the Court’s Order Granting Plaintiff’s Motion for Class Certification and other case‐related documents.

Ronald A. Marron
LAW OFFICES OF RONALD A. MARRON
651 Arroyo Drive
San Diego, CA 92103
Telephone: 619‐696‐9006

David Elliot
LAW OFFICE OF DAVID ELLIOT
2028 3rd Avenue
San Diego, CA 92101
Telephone: (858) 228-7997