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Class action, Kumar v. Salov North America (Filippo Berio Olive Oil)

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Claim form deadline is about 3 weeks from now.

Class action against Filippo Berio Olive Oil over the "Imported from Italy" on the label (that's new...) Minimum payout of $2.00 even if you claim one product without a receipt. Maximum payout of $5.00 without a receipt. If you have more than 10 products, it requires receipts.


Kumar v. Salov North America Corp. Class Action Settlement
United States District Court-Northern District of California –Oakland Div. Case No. 4:14-cv-02411-YGR

Claim Form Deadline.
Tuesday, May 2, 2017
You must submit your Claim Form on-line no later than Tuesday, Tuesday, May 2, 2017, or mail your completed paper Claim Form so that it is postmarked no later than Tuesday, May 2, 2017.

If you timely file a claim that complies with the instructions on the claim form and in this notice, you will receive a $0.50 cash payment for each bottle or can of a Product that your household purchased between May 23, 2010 and June 30, 2015, regardless of the price you paid for each package, subject to the following minimum and maximum payouts and limitations:
(a)               The minimum payment for any valid claim shall be $2.00 per household.  Thus, a Settlement Class member who submits a valid claim for purchases of one (1) to four (4) Products shall receive $2.00 per household.
(b)              Proof of Purchase is not required for any claim for up to 10 Products purchased per household (i.e., for a cash payment up to $5.00 per household). 
(c)               Proof of Purchase is required for any claim that seeks a cash payment of more than $5.00 per household (i.e., for more than 10 Product packages purchased per household). 
(d)              All claims submitted from the same household shall be treated as a single claim including for the purposes of the Proof of Purchase requirements.
“Proof of Purchase” means an itemized retail sales receipt or retail store club or loyalty card record showing, at a minimum, the purchase of a Product, the purchase price, and the date and place of the purchase.
Claims will be paid only if deemed valid and only after the Court approves the settlement. 

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where's harold?

...When I was skimming the original post, I thought the url was "snakeoilsettlement.com" and had to go back and read it again.

Thanks OP, I had not heard of this one!

I have bought so many bottles of this stuff -- because for a long time I would get a recurring $2-off coupon on my local supermarket's digital coupon page, and then I'd buy it when it was on sale at the store, which was pretty frequently.

If the "imported from Italy" claim was being challenged,
I wondered where the oil actually came from,
and found the following explanation in the FAQ. 
I am just putting it here for people who are curious but don't want to click around on the settlement site to find out:

"The lawsuit alleges that SNA improperly marketed the Products as “Imported From Italy.”

The lawsuit alleges thatas disclosed on the back label most of the olive oil in the Products originates from olives grown in other countries, then shipped to Italy for blending and bottling before being exported to the United States.

Plaintiff brought various claims challenging the alleged misrepresentations on behalf of herself and consumers who bought the Products.

SNA denies that there is any factual or legal basis for Plaintiff’s allegations. SNA contends its labeling is accurate, not misleading, and in compliance with all applicable rules and regulations. 

SNA at all times identified all countries of origin of the olive oil. 

SNA’s Products are made by skilled Italian artisans who test, taste, and blend  olive oils in Italy to achieve the unique Filippo Berio flavor.

SNA therefore denies any liability.

It also denies that Plaintiff or any other members of the Settlement Class or California Litigation Class have suffered injury or are entitled to monetary or other relief.

SNA also denies that this case can be certified as a class action, except for purposes of settlement.

The Court has not determined whether Plaintiff or Defendant is correct."

"Plaintiff alleges that by marketing the Products as “Imported from Italy,” Defendant caused people to purchase the Products who would not otherwise have done so.

It also contends that the Products were sold at a higher price than they would have been sold without the phrase “Imported from Italy.”

The complaint seeks to recover, on behalf of a class of all natural persons (other than re-sellers) the dollar volume of extra sales, and the dollar amount of the “premium” price, that is attributable to the alleged misrepresentations.

Plaintiff contends that, based on her economics expert’s regression analysis, the retail “premium” attributable to the representation averages approximately $0.34 per bottle.

Defendant denies that it did anything wrong, that consumers overpaid for the Products, or that there is any legal entitlement to any form of monetary relief."

from:  http://www.snaoliveoilsettlement.com/home/faqs/ 

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