TINA.org objected — as amicus curiae — to class-action settlements that sought to resolve claims filed against Coca-Cola and its subsidiary Glacéau alleging that the companies falsely advertised Vitaminwater as healthy when a 20-ounce bottle had over 30 grams of sugar — more sugar than many standard-sized candy bars — and nutrients consisted of less than 0.5% of the content.
- Filed an objection in Ohio federal court
- Filed an objection in New York federal court
The New York Court issues an opinion explaining the March final approval of the settlement.
The New York Court approves the settlement over TINA.org’s and others’ objections.
The New York Court grants TINA.org’s Motion for Leave at the Final Fairness Hearing but reserves judgment on whether to approve or reject the proposed settlement agreement.
Plaintiffs in the New York case file an opposition to TINA.org’s Motion for Leave to file an amicus brief.
TINA.org files a brief in the New York case as amicus curiae opposing the proposed settlement reached by the parties, as well as a Motion for Leave to file the brief.
The parties in the New York case reach a settlement agreement.
The appeal of the Ohio Court’s approval was dismissed with prejudice.
A class member in the Ohio case files a Notice of Appeal indicating that he is appealing the Court’s final approval of the settlement agreement, as well as the approval of attorneys’ fees, to the Sixth Circuit.
The Ohio Court issues an Order granting final approval of the settlement agreement.
Plaintiffs in the Ohio case file a response to TINA.org’s brief.
The Final Fairness Hearing is held in federal court in Ohio. The judge presiding over the case, Judge Barrett, grants TINA.org’s Motion for Leave to file brief as amicus curiae and gives plaintiffs 10 days to respond to TINA.org’s arguments for why the settlement should be rejected.
TINA.org notifies the Ohio Court of a decision reached in the Seventh Circuit on Nov. 19 that reversed a district court’s approval of a class-action settlement under similar circumstances. In that case, Pearson v. NBTY, Inc., the settlement that was ultimately rejected provided for minor word changes to the product labels at issue, small monetary awards to the class members, and $1.9 million in attorneys’ fees.
Plaintiffs in the Ohio case file an opposition to TINA.org’s Motion for Leave to file brief as amicus curiae.
TINA.org files a brief as amicus curiae in the Ohio case opposing the proposed settlement reached by the parties, as well as a Motion for Leave to file the brief.
The parties in the Ohio case reach a settlement agreement and move for preliminary approval.
Plaintiffs file a class-action complaint (which is later amended) in Ohio.
Plaintiffs file a class-action complaint in New York.
* The above events do not represent the entire procedural history of the cases, but rather only highlights some key events pertaining to TINA.org’s involvement in the cases.
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