The Settlements provide money for Settlement Class Members, require the Settling Defendants to modify the label of any coffee products labeled as “Kona” or “Kona Blend", and require Gold to create labeling requirements for Costco’s and TJX’s vendors of such coffee products.
The initial Settling Defendants made payments totaling $13,105,750. BCC made a payment of $1,125,000. Cameron’s made a payment of $4,900,000. Copper Moon made a payment of $360,000. Cost Plus made a payment of $200,000. MCC will made payment of $420,750. Gold made a payment of $6,100,000. The Settlement Amount will be distributed to Settlement Class Members on a pro-rata basis (as calculated by Settlement Class Members’ reported sales volumes), less Court-awarded attorneys’ fees and expenses and service awards to the Class Representatives, and less any voluntary contributions for the benefit of the Kona region.
The new Settling Defendants were required to make a total payment of $2,150,000. Kroger made a payment of $1,350,000. HIKC was required to pay a total of $800,000. The net Settlement Amount will be distributed to Settlement Class Members on a pro-rata basis (as calculated by Settlement Class Members’ reported sales volumes) once the new claim validation process has been completed.
In order to be eligible to receive money from the Settlements, Class Members were required to submit a valid Claim Form online or postmarked/emailed by September 25, 2021, for the initial Settlements, or by September 17, 2022, for the new Settlements.
In exchange for the benefits received by the Class, the Settling Defendants and retailer Defendants to the extent they sold the Settling Defendants’ products will be released from claims the Settlement Class Members may have against them relating to the claims asserted in the lawsuit, including claims relating to the Settling Defendants’ labeling of coffee products that use the word “Kona.”