Frequently Asked Questions

Back to Home

  1. What Is This Website About?
  2. What Is a Class Action Lawsuit?
  3. What is This Lawsuit About?
  4. How Do I Know If I Am In The Settlement Class?
  5. What Does This Settlement Provide?
  6. When Will I Get My Payment?
  7. How Do I Get Benefits? Submit A Claim Form.
  8. What Am I Giving Up If I Stay In The Class?
  9. What Happens If I Do Nothing At All?
  10. How Do I Make A Claim?
  11. Who Represents Me?
  12. Will I Have To Pay The Lawyers?
  13. How Do I Get Out Of -- Or Exclude Myself From -- The Settlement?
  14. If I Do Not Exclude Myself, Can I Sue Kashi Company For the Same Thing Later?
  15. If I Exclude Myself, Can I Get Anything From This Settlement?
  16. How Do I Object To The Settlement?
  17. When is the Hearing to Decide Whether to Approve the Settlement?
  18. Where Do I Get More Information?

1. What Is This Website About?

This website explains the Settlement of a class action lawsuit. This website is not an expression of any opinion by the Court about the merits of any of the claims or defenses made by any of the Parties in this case. This website summarizes the lawsuit, the Settlement, your legal rights, what benefits are available, and who is eligible for them.

(back to top)

2. What Is a Class Action Lawsuit?

A class action is a lawsuit in which one or more individuals sue an individual(s), company or other entity on behalf of all other people who have similar claims. Collectively, these people are referred to as a “Class” or “Class Members.” In a class action, the court resolves certain legal issues, legal claims and defenses for all class members in one lawsuit, except for those who ask to be excluded from the class.

(back to top)

3. What is This Lawsuit About?

A proposed settlement has been reached in a class action lawsuit which claimed that the marketing of certain Kashi products as “All Natural” or “100% Natural” or “Nothing Artificial” was not true. Kashi stands by its marketing and denies that it did any thing wrong. If you are a member of the Class in this lawsuit, you may make a claim by mailing or electronically submitting a Claim Form.

A federal court authorized this notice. Before any money is paid, the court will have a hearing to decide whether to approve the settlement. On December 14, 2015, Class Counsel will submit their motion for final approval and request for attorneys’ fees and/or expenses, which will be available on this website or by calling 877-342-0808.

(back to top)

4. How Do I Know If I Am In The Settlement Class?

You may be a Class Member if you are not a California resident and you purchased between May 3, 2008 through September 4, 2015 one of the Kashi Products listed in Exhibit H to the Kashi Stipulation of Settlement for personal or household use. Excluded from the class are employees, officers and directors of Kashi and The Kellogg Company; persons that purchased the Products for the purpose of re-sale; retailers or re-sellers of the Products; governmental entities; persons who properly exclude themselves from the Class; the Court, the Court’s immediate family, and Court staff; and California residents.

(back to top)

5. What Does This Settlement Provide?

Kashi will pay $3.99 million to be used to pay eligible claims of Kashi Class Members for the Kashi Products they purchased, pay notice and administrative costs, attorneys’ fees and expenses, and Class Representatives’ Service Awards. Kashi will also make certain changes to its current labeling and marketing of certain products.

(back to top)

6. When Will I Get My Payment?

The Court will hold a hearing on January 27, 2016 to decide whether to approve the Settlement. Settlement payments will be paid if and when the Court grants approval to the Settlement and after any appeals are resolved.

(back to top)

7. How Do I Get Benefits? Submit A Claim Form.

The only way for Class Members to participate in the Settlement is to complete and submit a Claim Form by January 19, 2016. If you do not submit a valid Claim Form by the deadline, you are not eligible to receive any cash payments from the Settlement.

(back to top)

8. What Am I Giving Up If I Stay In The Class?

If you stay in the Kashi Class, you cannot sue or be part of any other lawsuit against Kashi Company or related entities or persons for any of the claims asserted in the Consolidated Amended Complaint or the Original Complaints filed in the Kashi lawsuit by or on behalf of non-California residents arising out of or relating to the packaging, marketing, distribution or sale of the Kashi Products that are identified in section II, paragraph A.22 of the Kashi Stipulation of Settlement (the “Kashi Products”), purchased between May 3, 2008 and September 4, 2015. In addition, if you stay in the Kashi Class, all of the Court’s orders will apply to you and legally bind you.

(back to top)

9. What Happens If I Do Nothing At All?

If you do nothing, you will not get any cash from this Settlement. But, unless you exclude yourself, you will not be able to start a lawsuit or be part of any other lawsuit against Kashi Company for any of the Released Claims described above.

(back to top)

10. How Do I Make A Claim?

Deadline has expired.

(back to top)

11. Who Represents Me?

Class Counsel are the lawyers for the Class. The Class Representatives and Class Counsel will act as your representatives for this Settlement if you do not exclude yourself from the Class.

Mark A. Milstein

Gillian L. Wade

Sara D. Avila

MILSTEIN ADELMAN LLP

2800 Donald Douglas Loop North

Santa Monica, CA 90405

L. DeWayne Layfield
LAW OFFICE OF
L. DEWAYNE LAYFIELD
P.O. Box 3829
Beaumont, TX 77704-3829

Angela Arango-Chaffin
90 Alton Road, Unit 2704
Miami Beach, FL 33139

Michael T. Fraser
THE LAW OFFICES OF
HOWARD W. RUBINSTEIN
One Embarcadero Center, Suite 500
San Francisco, CA 94111

The Court has appointed as Class Representatives Katrina Garcia and Laura Eggnatz.

(back to top)

12. Will I Have To Pay The Lawyers?

No. You will not be responsible for any costs or attorneys’ fees incurred in these lawsuits. Attorneys' fees and expenses are paid out of the Settlement Fund.

(back to top)

13. How Do I Get Out Of -- Or Exclude Myself From -- The Settlement?

In order to be excluded from the Settlement, Class Members need to send a letter to the Claims Administrator postmarked prior to December 28, 2015. Your letter needs to specify whether you are requesting exclusion from the Kashi Settlement Class. You need to include your full name, address, and telephone number. If you do not include the required information or fail to submit your request for exclusion on time, you will remain a Class Member and be bound by the Settlement and Final Judgment and Order. If you exclude yourself from the Class, you give up your right to receive any money from the Settlement, and you will not be bound by the Settlement or Final Judgment and Order, and you will not be barred from pursuing any individual claim you may otherwise have relating to the Released Claim.

(back to top)

14. If I Do Not Exclude Myself, Can I Sue Kashi Company For the Same Thing Later?

No. Unless you exclude yourself, you give up any right to sue Kashi Company for the claims that these Settlements resolve, including any claims relating to Kashi Company for any of the Released Claims.

(back to top)

15. If I Exclude Myself, Can I Get Anything From This Settlement?

No. If you exclude yourself, you are not eligible to receive any cash for Kashi.

(back to top)

16. How Do I Object To The Settlement?

In order to object to the Settlement you need to file an objection with the Court prior to December 28, 2015.

(back to top)

17. When is the Hearing to Decide Whether to Approve the Settlement?

The Court will hold a Settlement Hearing for the Class Settlement on January 27, 2016.

(back to top)

18. Where Do I Get More Information?

This website summarizes the Settlement. More details are in a Settlement Agreement.

PLEASE DO NOT CALL OR WRITE KASHI OR THE COURT FOR ADDITIONAL INFORMATION OR ADVICE.

(back to top)

This site is not operated by the Court, Class Counsel, Defendant’s Counsel, or Defendant. This class action settlement is supervised by the Court and is administered by a consulting firm that handles all aspects of settlement administration.

Copyright © 2017 Digital Settlement Group - All Rights Reserved. - Privacy Policy | FAQ