United States District Court for the Eastern District of New York
Case No. 19-cv-00768-BMC
IF YOU LIVE IN THE UNITED STATES AND PURCHASED ANY A&W ROOT BEER OR CREAM SODA BEVERAGES THAT CONTAINED THE “Made with Aged Vanilla” STATEMENT ON THEIR LABELS BETWEEN FEBRUARY 7, 2016, AND JUNE 2, 2023, A CLASS ACTION SETTLEMENT MAY AFFECT YOUR RIGHTS.
A federal court authorized this website.
You are not being sued. This is not a solicitation from a lawyer.
A proposed Settlement has been reached in the class action lawsuit (the “lawsuit”) called LaShawn Sharpe v. A&W Concentrate Co. and Keurig Dr Pepper Inc., pending in the Eastern District of New York. The lawsuit alleges (1) violations of the Texas Deceptive Trade Practices Act (“TDTPA”), Tex. Bus. & Com. Code §§ 17.46(5), (7), and (9) and (2) unjust enrichment based on the allegation that the “Made With Aged Vanilla” claim on the label of A&W root beer and A&W cream soda beverages (“Products”) was misleading to a reasonable consumer because the Products contained ethyl vanillin, which is an artificial vanilla flavoring.
The Plaintiffs have yet to prove any of their allegations in court. A&W Concentrate Co. and Keurig Dr Pepper Inc. (“Defendants”) deny these allegations and assert that their Labeling and marketing is truthful, accurate, and FDA compliant. However, Defendants have settled this case to avoid the expense and disruption associated with further litigation. This Settlement will resolve all claims of all Settlement Class Members against Defendants involving the Products.
You are included in the Settlement if you live in the United States and, between February 7, 2016, and June 2, 2023, you purchased in the United States for personal use (i.e., not for resale) at least one or more specific A&W Root Beer or Cream Soda Beverages manufactured by Defendants that contained the statement, “Made with Aged Vanilla” on its label.
The list attached as Exhibit A contains the complete list of the Products that are included in the Settlement.
- To settle the lawsuit, A&W Concentrate, Co. has agreed to provide a Maximum Settlement Amount of $15,000,000 to pay the following: Valid Claims to individuals who live in the United States and purchased in the United States a A&W Root Beer or A&W Cream Soda Product for personal use (i.e., not for resale) during the Class Period that contained the statement, “Made with Aged Vanilla” on its label, Attorneys’ Fees and Costs, Administration Expenses and Class Representatives Service Awards. If the Valid Claims made, the Attorneys’ Fees and Costs, and Class Representatives Service Awards in the aggregate exceed the Maximum Settlement Amount, then the Benefits paid for Valid Claims will be reduced, pro rata.
This website summarizes the Settlement. For the precise terms and conditions of the Settlement, please: (i) see the Settlement Agreement, which is available in Documents section of this website; or (ii) contact the Claim Administrator by calling (833) 747-6032 or writing to:
Sharpe v. A&W Concentrate Co.
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391
Your legal rights will be affected regardless of whether you do or do not act. Read this website carefully.
This website explains the following rights and options—and the deadlines to exercise them.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
SUBMIT CLAIM FORM
You must submit a Claim to get money from this Settlement. Claim Forms must be submitted online or postmarked by October 18, 2023.
By submitting a Claim, you agree to be bound by the Settlement, and you give up your right to sue or continue to sue Defendants for the claims released by the Settlement.
DO NOTHING
If you do nothing, you agree to be bound by the Settlement, you give up your rights to sue Defendants for the claims released by the Settlement, and you will not get money from the Settlement.
EXCLUDE YOURSELF (OR “OPT OUT”)
Get out of the Settlement. Get no money from the Settlement. Keep your rights.
This is the only option that allows you to keep your right to sue A&W Concentrate Co. and Keurig Dr Pepper Inc. about the claims in this lawsuit. You will not get any money from the Settlement. Your request to exclude yourself (Opt-Out) must be RECEIVED or POSTMARKED by August 28, 2023.
You cannot both exclude yourself and also object.
OBJECT
Stay in the Settlement, but tell the Court why you think the Settlement, the amount of attorneys’ fees and expenses, or the awards to the Class Representatives should not be approved. Objections must be RECEIVED or POSTMARKED by August 28, 2023.
You may still submit a Claim Form even if you object.
You cannot both exclude yourself and also object.
GO TO THE FINAL APPROVAL HEARING
You can ask to speak in Court about the fairness of the Settlement, the amount of attorneys’ fees, or awards to the Class Representatives, at your own expense. See FAQs 17-19, for more details.
The Final Approval Hearing is scheduled for October 19, 2023.
These rights and options—and the deadlines to exercise them—are explained in the Notice. The deadlines may be moved, canceled, or otherwise modified, so please check this website regularly for updates and further details.
The Court in charge of this lawsuit has preliminarily approved the Settlement and will hold a hearing to make a final decision whether to approve it. The proposed relief offered to Class Members will be provided only if the Court gives final approval to the Settlement and, if there are any appeals, after the appeals are resolved in favor of the Settlement.
This website is authorized by the Court, supervised by counsel and controlled by Claim Administrator approved by the Court. This is the only authorized website for this case.
Call
(833) 747-6032
Mail
Sharpe v. A&W Concentrate Co.
Kroll Settlement Administration LLC P.O. Box 225391 New York, NY 10150-5391
Important Dates
Exclusion Deadline
Monday, August 28, 2023
You must complete and mail your request for exclusion form so that it is postmarked no later than Monday, August 28, 2023.
Objection Deadline
Monday, August 28, 2023
You must mail your objection(s) so that it/they are postmarked no later than Monday, August 28, 2023.
Claim Form Deadline
Wednesday, October 18, 2023
You must submit your Claim Form online no later than Wednesday, October 18, 2023, or mail your completed paper Claim Form so that it is postmarked no later than Wednesday, October 18, 2023.
Final Approval Hearing Date
Thursday, October 19, 2023
The Final Approval Hearing is scheduled for Thursday, October 19, 2023. Please check this website for updates.
