Dark Chocolate Class Action

WHAT IS THIS CASE ABOUT?

A proposed settlement has been reached in a class action lawsuit. The lawsuit alleges that the labeling and marketing of certain Brookside Dark Chocolate Products was false or deceptive. Defendant denies these claims and denies it did anything wrong. The Court has not decided which side was right. Instead, the parties have decided to settle the case.

ARE YOU A CLASS MEMBER?

You are a part of the Settlement Class if you are a California citizen who made retail purchases of any Brookside-branded Dark Chocolate Product labeled “No Artificial Flavors” in California on or after January 1, 2017 and until March 30, 2022, for personal use and not for resale, excluding Defendant and Defendant’s officers, directors, employees, agents and affiliates, and the Court and its staff. The Brookside Dark Chocolate Products at issue include: Brookside Dark Chocolate Acai & Blueberry Flavors; Brookside Dark Chocolate Goji & Raspberry Flavors; Brookside Dark Chocolate Vineyard Inspired Chardonnay Grape & Peach; Brookside Dark Chocolate Crunchy Clusters Berry Medley Flavors; Brookside Dark Chocolate Pomegranate Flavor, and; Brookside Dark Chocolate Vineyard Inspired Merlot Grape & Black Currant Flavors; and Brookside Dark Chocolate Strawberry Passionfruit Flavor. You should read the entire Notice carefully because your legal rights may be affected.

WHAT DOES THIS SETTLEMENT PROVIDE?

Defendant will provide the Class with injunctive relief by way of modification and of the label and packaging for the Brookside Dark Chocolate Products identified in “Are You a Class Member?” above and on page 1 of the Notice. Specifically, Defendant will remove the “No Artificial Flavors” labeling statement from the packaging of the Products, on or before (i) six months after the Effective Date of the Settlement or (ii) December 31, 2023, whichever is later.

This injunctive relief shall be implemented for a period of no less than five years. Following the initial five-year period, Defendant will be free to reintroduce the ‘No Artificial Flavors’ labeling claim on the referenced products if, either during the five-year period or subsequent thereto, the Federal Food and Drug Administration (“FDA”) makes an unambiguous pronouncement that an acid (such as malic acid) whose primary function in a food product is to regulate pH is not a “flavor” or “artificial flavor,” even though the acid may have some impact on the taste of the finished product. The complete Settlement Agreement is found here.

WHAT HAPPENS NOW?

The Court will hold a hearing in this case on June 6, 2023 at 10:00 a.m. at the Superior Court of the State of California for the County of San Francisco, 400 McAllister St., San Francisco, CA 94102, to consider final approval of the Settlement, payment of attorneys’ fees to Class Counsel of up to $700,000 inclusive of costs, incentive awards of up to $7,500 for the Class Representatives in the lawsuit, and related issues. Defendant has agreed to pay attorneys’ fees and incentive awards to the extent they are approved by the Court, up to the amounts indicated above. The motion(s) by Class Counsel for attorneys’ fees and costs and incentive awards for the Class Representatives will be available for viewing on this website after they are filed. You may appear at the hearing in person or through your attorney at your own cost, but you are not required to do so.

WHAT ARE YOUR OPTIONS?

Do Nothing	If you do nothing, then you will automatically receive benefits under this Settlement in the form of Defendant’s labeling modifications that are described in the Notice. You will also give up your right to sue Defendant and certain related entities and individuals regarding any claims for injunctive relief that relate to the subject matter of the Litigation, Settlement Agreement, and/or the labeling of malic acid or artificial flavors on the Brookside Products. You will not give up any claims for monetary damages.
Object or Comment by May 5, 2023	If you are a Class Member, you may write to the Court about why you object to the Settlement. To be timely, written objections must be postmarked no later than May 5, 2023.
Appear in the lawsuit and attend a Hearing on June 6, 2023	If you are a Class Member, you may ask to speak in Court about the fairness of the Settlement.

Your rights and options - and the deadlines to exercise them - are explained in the Notice.

The Detailed Notice describes, in full, how to object to the Settlement and provides other important information.