Sports Drink Class Action Settlement, Claim $20 with No Receipts!
If You Purchased A Celsius Beverage or Powdered Drink Between January 1, 2015 And November 23, 2022, Then You Could Be Entitled To Money From A Class Action Settlement. This case is known as Hezi v. Celsius Holdings, Inc. in the US District Court for the Southern District of New York. Case No. 1:21-CV-09892-VM.
How do I file a claim?
Head on over to the website, where you can learn more and file a claim. You can file online with or without a unique ID, and you can also file by mail.
What’s this settlement about?
On March 19, 2019, a class action lawsuit was filed against Defendant Celsius Holdings, Inc. entitled Prescod v. Celsius Holdings, Inc., in Los Angeles Superior Court of California, Case No. 19STCV09321, alleging that the “No Preservatives” claim on the front of the Products violated state consumer protection laws (including California’s False Advertising Law (“FAL”), Cal. Bus. & Prof. Code § 17500, et. seq., California’s Unfair Competition Law (“UCL”), Cal. Bus. & Prof. Code § 17200, et. seq., and California’s Consumers Legal Remedies Act (“CLRA”), Civil Code § 1750, et seq.) and common law, and that as a direct result of such violations purchasers were economically injured. On November 23, 2021, a similar class action lawsuit was filed against Defendant Celsius Holdings, Inc. entitled Hezi v. Celsius Holdings, Inc., in the New York District Court for the Southern District of New York, Case No. 21-cv-9892. All claims from Prescod and Hezi were brought together in the Hezi matter, and Plaintiffs have amended their claims to allege other issues with the labeling of Celsius’s Products. The class action will resolve any and all claims purchasers may have with respect to the labeling of these products and Celsius has agreed, as part of the Settlement, to change its labeling.
Defendant denies any wrongdoing or liability arising out of any of the facts or conduct alleged in the Action and believes that it has valid defenses to the allegations. The Court has not decided that Defendant did anything wrong, and the Settlement does not mean Defendant broke the law. Both the Plaintiffs and Defendant believes that the Settlement is fair, adequate, and reasonable and that it is in the best interests of the Settlement Class.
What Products are Included? Where were they sold?
- Original Celsius beverages (at times labeled “Celsius Live Fit”)
- Celsius Heat
- Celsius BCAA+Energy
- Celsius with Stevia
- Celsius On-The-Go
- Flo Fusion powdered drink
Who is eligible for a refund?
You are a member of the Settlement Class if you purchased for personal or household consumption and not for resale or distribution, any Celsius beverage (at times labeled “Celsius Live Fit”), Celsius Heat, Celsius BCAA+Energy, and Celsius with Stevia), as well as Celsius On-The-Go and Flo Fusion powdered drinks, between January 1, 2015 and November 23, 2022. This time period is referred to as the “Class Period.” Excluded from the Settlement Class are any officers, directors, or employees of Defendant, and the immediate family member of any such person. Also excluded is any judge presiding over this case.
Is a receipt required?
Proof of purchase is not required. However, if you have receipts, you may be able to claim more.
How much will I get back?
There are several payment methods availble including Mastercard, Paypal, Zelle and Venmo.
Class Members who previously purchased a can of Product during the Class Period may submit a Claim to receive One Dollar ($1.00) for each can of Product. Class Members who previously purchased Celsius On-The-Go and Flo Fusion powdered drinks, which are typically sold in packages of 14, may submit a Claim to receive $5.00 per package of 14.
Class Members who submit approved Claims with receipts will be capped at a Cash Award of Two Hundred Fifty Dollars ($250.00) per household.
Class Members who previously purchased a Product but who cannot produce a receipt may submit a Claim to receive up to Twenty Dollars ($20.00) per household.
What’s the deadline to file a claim?
February 13, 2023.
Payments will be sent to Class Members who send in Valid Claim Forms on time, after the Court grants “final approval” of the Settlement, and after the time for appeals has ended and any appeals have been resolved. If the judge approves the Settlement after a hearing on March 31, 2023 (see the section “The Court’s Fairness Hearing” below), there may be appeals. Resolving these appeals can take time. Please be patient.
What is a class action lawsuit settlement?
For example, a class action lawsuit is one with multiple plaintiffs. In other words, there are more than one person being represented by the lawsuit. In other words, a plaintiff or plaintiffs file the case on behalf of many people who were affected by aren’t involved in the actual suit. For example, if you purchased an item that was later determined to be involved in a class action lawsuit, you may be entitled to compensation. If you’re included in the class or group of people affected, then you can file a claim to receive money, coupons or replacement products. But, each case is different, and each will specify who is included. In addition, class action lawsuits may require proof that you are part of the group of affected people. In this case, proof of purchase or other specified proof is needed. However, in some cases, no proof is required. In that case, you can file a claim without proving that you are part of the class of people affected. Of course, when you file a claim you are doing so under penalty of perjury. So, do not file if you do not qualify.
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