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-   -   Natura Class Action Lawsuit? (http://www.pets.ca/forum/showthread.php?t=77971)

kathryn July 19th, 2011 12:56 PM

Natura Class Action Lawsuit?
 
Uh, this landed in my inbox this morning.


[QUOTE]
If you purchased Innova, EVO, California Natural, HealthWise, Mother Nature, or
Karma dog or cat food you could get a payment from a class action settlement.


A $2,150,000 settlement has been reached with Natura Pet Products, Inc., Natura Pet Food, Inc., Natura Manufacturing and Peter Atkins ("Defendants" or "Natura") in a class action lawsuit about the advertising of Natura brand dog and cat food. Natura denies all of the claims in the lawsuit, but has agreed to the settlement to avoid the cost and burden of a trial.

WHO IS INCLUDED? If you received this by email or mail, you are probably included. Generally, the settlement includes anyone in the U.S. who purchased Natura brand dog or cat food products anytime between March 20, 2005 and July 8, 2011. Together these people are called a "Class" or "Class Members."

WHAT DOES THE SETTLEMENT PROVIDE? The maximum payment you can get is $200. A $2,150,000 settlement fund will be created by Natura. After paying attorneys fees of up to 35% of the fund and costs and expenses of up to $60,000 to the lawyers representing the Class; the costs associated with administering the settlement of up to $400,000; and up to $20,000 to the Class Representative (Judy Ko), payments will be made to Class Members who submit valid claim forms.

HOW DO YOU ASK FOR A PAYMENT? Submit a claim online, at [url]www.petproductsSettlement.com[/url], using the claim number and password information above or by mail by calling 1-888-768-2047. The deadline to submit or mail your proof of claim form is January 8, 2012.

WHAT ARE YOUR OPTIONS? You have a choice about whether to stay in the Class or not. If you submit a claim form or do nothing, you are choosing to stay in the Class. This means you will be legally bound by all orders and judgments of the Court, and you will not be able to sue or continue to sue Natura about the legal claims resolved by this settlement. If you stay in the Class you may object to the settlement. You or your own lawyer may also ask to appear and speak at the hearing, at your own cost, but you don't have to. The deadline to submit objections and requests to appear is December 28, 2011. If you do not want to stay in the Class, you must submit a request for exclusion by December 28, 2011. If you exclude yourself, you cannot get a payment from this settlement, but you will keep any rights to sue Natura for the same claims in a different lawsuit. The detailed notice explains how to exclude yourself, object and request to appear.

THE COURT'S FAIRNESS HEARING. The U.S. District Court for the Northern District of California will hold a hearing in this case (Ko v. Natura Pet Products, Inc., No. 5:09cv2619), on February 17, 2012, at 9:00 a.m. to consider whether to approve: the settlement; attorneys' fees, costs, and expenses; and the payment to the Class Representative. If the settlement is approved, it will release the Defendants from all claims in the Settlement Agreement.

HOW DO YOU GET MORE INFORMATION? To get a copy of the detailed notice or settlement agreement or to learn more, visit [url]www.PetProductsSettlement.com[/url] or call 1-888-768-2047.

The United States District Court for the Northern District of California has ordered that this email notice be sent. If you wish to UNSUBSCRIBE from future email messages from the Claims Administrator with regard to this settlement, please click here.
[/QUOTE]



Does anyone know anything about this? I don't know how I got this.

Longblades July 19th, 2011 01:33 PM

[url]http://www.petproductnews.com/headlines/2011/07/18/federal-court-grants-preliminary-approval-of-natura-class-action-settlement.aspx[/url]

Seems to be for real. No idea why you got it.

Myka July 19th, 2011 03:48 PM

The way it is worded makes it sound bogus to me, and the fact that you got it via email, not mail.

growler~GateKeeper July 19th, 2011 11:58 PM

kathryn I got that same email, I think they probably got our email addys from the "request your coupon for a free bag" deal they had a while ago - that's the only way they would have my info.

It's up on the Truth About Pet Food site as well [url]http://www.truthaboutpetfood.com/articles/did-you-purchase-a-natura-pet-food.html[/url]. They have to advertise the class action suit in a variety of publications to alert consumers to the action.

Myka the Menu Foods/RC/Hills etc class action lawsuit from 2007 was also emailed as well as in the papers & mailed out, if they have your email addy they will sent out the info that way too. :) Although yes, many many scams are perpetrated via email so it's always good to be cautious :thumbs up

Myka July 20th, 2011 09:42 AM

I bought Evo, Healthwise, [I]and[/I] California Natural in that time...I was hunting for the best food for my dog then. Why is there a lawsuit? Why are they paying people out? It doesn't seem to say...?

Aha, I following the links: "Ko v. Natura Pet Products, Inc., Case No. 5:09-cv-02619 is a class action lawsuit in which Plaintiffs claim Natura violated California’s Business and Professions Code when advertising their dog and cat food products. It also claims that Natura made false and misleading statements about the human grade quality of its food in its advertisements, promotional materials and labeling. The Defendants deny that they did anything wrong."

krdahmer July 20th, 2011 09:57 AM

too bad it doesn't include us canucks.... I was feeding that back then....and I could always use $200! :rolleyes:

hazelrunpack July 20th, 2011 09:58 AM

I wonder if it applies to anyone out of CA. :shrug:

edwina July 20th, 2011 09:04 PM

How do you prove you bought the food ? I dont save receipts for everything i buy forever. :confused:

hazelrunpack July 20th, 2011 10:12 PM

I checked out the link--looks like anyone living in the US (not just in California) who's bought one of the products can join in. You don't need proof of purchase, though I'm sure that if you had it you'd qualify for a larger settlement. It looks like they just want you to sign an affidavit that you did purchase the product during the window of time specified. :shrug:

sugarcatmom July 20th, 2011 10:16 PM

Canadians can also submit a claim.

hazelrunpack July 20th, 2011 10:29 PM

Is that a different class action suit, scm? This one specifically states:

[QUOTE]If you received a notice in the mail or email, Natura’s records show that you are probably a Class
Member. For purposes of this settlement, Judge Fogel certified a class defined as: All persons [B]residing
in the United States[/B] who purchased any Natura Product for personal, family, or household purposes (the
“Class”) during the time period from March 20, 2005 to July 8, 2011 (the “Class Period”).[/QUOTE]

I know sometimes they'll run different class action suits for the US and Canada, but I couldn't find anything for Canada when I went out to check the links.

hazelrunpack July 20th, 2011 10:45 PM

Hmmm...which begs the question: Why did growler get an email? :shrug:

growler~GateKeeper July 20th, 2011 10:51 PM

I think it actually came from an Evo pet club they had on their site at one time.

It's just 1 suit, it does state US but where you enter your info on the claim it has the provinces listed, because Canada is apparently part of the US to some people :laughing:

(I even get asked by tourists at work if the prices are in US $ :D)

hazelrunpack July 20th, 2011 10:54 PM

:laughing: Well then, there ya go! :D

We're eligible since we've gone through more than one 33-lb bag of Innova a week for the past 6 years, but I'm not sure if we're even going to bother. The most you can get back is $200, and final payments won't be determined until after they've covered all the legal fees...which means the lawyers will get most of the money, anyway. :rolleyes: And, frankly, I don't pay much attention to what they claim in their ads, anyway. :o

growler~GateKeeper July 20th, 2011 10:59 PM

The amount of the settlement is dependent on how many people file, so a person could get anywhere from $0.01-$200 or I suppose nothing if there are too many claims, with the exception of the lady that originally filed the suit she's getting $20,000. Anyone who joins will not be able to sue Natura for this same issue again.

kathryn July 20th, 2011 11:03 PM

Bah, all this legal nonsense. Well, I filed a claim. I'll let you know when I get my money :rolleyes: I could use $200 right now, I am beyond broke

hazelrunpack July 20th, 2011 11:04 PM

$20,000 because she objected to the wording of an ad. :eek: Nice! :laughing:

I doubt we'll join. At least we don't have to 'un'join because we didn't get any notification...so if we just sit tight, we could sue Natura on our own. :rolleyes: *sigh* I'm sure the dogs all were upset to find out it really wasn't something hoomanz would eat... :o :dog: We could sue on the grounds of mental anguish! :laughing:

growler~GateKeeper July 20th, 2011 11:09 PM

[QUOTE=hazelrunpack;1018626]$20,000 because she objected to the wording of an ad. :eek: Nice! :laughing:

I doubt we'll join. At least we don't have to 'un'join because we didn't get any notification...so if we just sit tight, we could sue Natura on our own. :rolleyes: *sigh* I'm sure the dogs all were upset to find out it really wasn't something hoomanz would eat... :o :dog: We could sue on the grounds of mental anguish! :laughing:[/QUOTE]

Not just the wording of one ad, it's apparently all the marketing on the site, ads, etc and most importantly product packaging. The governing regulations for pet food products do not allow the use of the words "human grade" etc.

You're still supposed to opt out, if you intend to sue in the future since it will be published in many magazines etc. If not you don't have to do anything. Same rules as the 2007 Toxic food recall lawsuit

hazelrunpack July 20th, 2011 11:23 PM

We're not litigious sorts, so we're not likely to sue, anyway. :o

cell July 21st, 2011 10:02 AM

People seriously want to sue and do a class action over wording? No pets got sick or injured?
I doubt less half the people buying the food read the labels just like less then half the people read the labels when they buy garbage grocery store food. If the money all winnings would be re-distributed to animal shelters or rescues then I might agree but it seems like a petty way to line some pockets (and not the pockets of consumers).

kathryn July 21st, 2011 07:55 PM

[QUOTE=cell;1018685]People seriously want to sue and do a class action over wording? No pets got sick or injured?
I doubt less half the people buying the food read the labels just like less then half the people read the labels when they buy garbage grocery store food. If the money all winnings would be re-distributed to animal shelters or rescues then I might agree but it seems like a petty way to line some pockets (and not the pockets of consumers).[/QUOTE]

^This! :thumbs up


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