fairlife Milk Products Litigation

A court has preliminarily established, or “certified,” this case as a class action lawsuit for purposes of settlement.

The Notice explains the class action lawsuit, the proposed Settlement, your legal rights, what benefits are available, who is eligible for the benefits, and how to get the benefits. If you are a Settlement Class Member, you have legal rights and options before the Court decides whether to give final approval to the proposed Settlement. The Notice explains all of these things. For the precise terms and conditions of the Settlement, please review the Settlement Agreement, available here.

The Court in charge of this case is the United States District Court for the Northern District of Illinois. The lawsuit is known as In re fairlife Milk Products Marketing and Sales Practices Litigation, MDL No. 2909, Lead Case No. 1:19-cv-03924-RMD-MDW.

To view a copy of the Notice, click here.

The lawsuit alleges that Defendants falsely labeled and marketed certain dairy products using milk produced from cows that were allegedly not treated humanely. The Named Plaintiffs allege that they would not have paid as much for the Milk Products had they known that the cows were not treated humanely.

Based upon those allegations, the Named Plaintiffs asserted claims for, among other things, breach of express and implied warranty, unjust enrichment, common law fraud, intentional and negligent misrepresentation, and violations of certain state consumer protection, false advertising, and unfair competition statutes.

Defendants deny all allegations. The Court has not decided who is right.

In a class action lawsuit, one or more persons or entities called named plaintiffs sue on behalf of other persons and entities that have similar claims. The people and entities together are a “Settlement Class” or “Settlement Class Members.” In this lawsuit, the people who sued are called the “Named Plaintiffs.” The company and people they are suing, The Coca-Cola Company, fairlife, LLC, Fair Oaks Farms, LLC, Mike McCloskey and Sue McCloskey, and Select Milk Producers, Inc., are called the “Defendants.” One court resolves the issues for everyone in the Settlement Class, except for those people who choose to exclude themselves (Opt Out) from the Settlement Class.

The Court has not decided in favor of the Named Plaintiffs or the Defendants. Instead, both sides agreed to a settlement. By agreeing to settle, both sides avoid the cost and risk of a trial, and Settlement Class Members who submit a valid Claim Form will get a Cash Award. The Named Plaintiffs and Class Counsel believe the Settlement is best for the Settlement Class and represents a fair, reasonable and adequate resolution of the Litigation.

The Defendants deny the claims in the Litigation; deny all allegations of wrongdoing, fault, liability or damage to the Named Plaintiffs and the Settlement Class; and deny that they acted improperly or wrongfully in any way. Defendants nevertheless recognize the expense and time that would be required to defend the Litigation through trial and have taken this into account in agreeing to this Settlement.

You are a Settlement Class Member if you are a Person (as defined below) in the United States, its territories, and/or the District of Columbia who purchased, for personal use and not for resale, any Covered Product on or before April 27, 2022. The fairlife and FOF milk “Covered Products” included in the Settlement include the products listed here.

“Person” is defined as an individual, corporation, partnership, limited partnership, limited liability company, association, member, joint stock company, estate, legal representative, trust, unincorporated association, any business or legal entity, and such individual’s or entity’s spouse, heirs, predecessors, successors, representatives, and assignees.

Excluded from the Settlement are:

• Defendants and their respective subsidiaries and affiliates, members, employees, officers, directors, agents, and representatives and their family members;
• Class Counsel;
• The judges who have presided over the Litigation;
• Local, municipal, state, and federal governmental agencies; and
• All persons who have timely opted out from the Settlement Class in compliance with the Court’s Orders.

If you are unsure whether you are included, you can call or email the Claims Administrator at 1-855-604-1865 (Toll-Free) or info@fairlifeMilkSettlement.com. Epiq Class Action and Claims Solutions, Inc. is the Claims Administrator for the Settlement.

The “Covered Products” are all fairlife Milk Products and all FOF Milk Products eligible to be claimed on in this Settlement. Please visit the "Covered Products" page of this website for the detailed list.

The $21 million Settlement Amount will provide Cash Awards to Settlement Class Members who submit valid claims. Settlement Class Notice and Administrative Costs, Attorneys’ Fees and Costs, and Service Awards to the Named Plaintiffs will also be paid out of the Settlement Amount, if approved by the Court.

Cash Award: If you submit a valid Claim Form, you may receive 25% of the average retail purchase price for your purchase of fairlife Milk Products and/or FOF Milk Products (click here for a list of Covered Products) for a maximum Cash Award of $100 per household, subject to certain capped limits and adjustments (upward or downward) depending on the number of claims filed, so long as the products were purchased for personal use and not for resale and were purchased on or before April 27, 2022.

• Claims without Valid Proof of Purchase: Claimants who submit a Claim Form without Valid Proof of Purchase may be eligible to receive a maximum of $20 as a Cash Award.
• Claims with Valid Proof of Purchase: Claimants who submit a Claim Form with Valid Proof of Purchase may be eligible to receive a maximum of $80 as a Cash Award.
• Claims with AND without Valid Proof of Purchase: Claim Forms submitted with and without Valid Proof of Purchase are allowed, and claimants who submit such Claim Forms may be eligible to receive a maximum of $100 as a Cash Award. Note: if you submit Valid Proof of Purchase for all claims, you are still eligible to receive a maximum of $100 as a Cash Award.

Valid Proof of Purchase" means verifiable documentation of a transaction that reflects the purchase of one or more Covered Products on or before April 27, 2022. Examples may include but are not limited to store receipts, milk bottles, or any other contemporaneous record of purchase that is objectively verifiable.

Claims are limited to one Claim Form per household.

If the total amount of Cash Awards exceed the amount available in the Settlement Fund, then each Cash Award will be proportionately reduced on a pro rata basis (equal share) to exhaust the Settlement Fund.

If any funds remain in the Settlement Fund after all Cash Awards are made, Settlement Class Members will be entitled to certain additional pro rata (equal share) distributions. After that, subject to the Court’s approval, any amount remaining in the Settlement Fund will be donated equally to the U.S. Dairy Education & Training Consortium and The Center for Food Safety.

If you are a Settlement Class Member, you must fill out and submit a Claim Form to qualify for a Cash Award. You can file your Claim online here. You can also download a paper Claim Form from by clicking here or get one by calling the Claims Administrator at 1-855-604-1865 (Toll-Free). Claim Forms must be submitted either online or by mail at the address below, postmarked by December 27, 2022.

In re fairlife Milk Products Litigation
P.O. Box 5569
Portland, OR 97208–5569

Upon receiving a completed Claim Form, the Claims Administrator will review the Claim Form and any supporting documentation (as applicable) and confirm or deny your eligibility for a Cash Award.

The Court held a hearing on September 28, 2022, at 10:00 a.m. The Court granted final approval to the Settlement. Please utilize this website for updates as to timing. Claims processing will not begin until after the filing deadline passes on December 27, 2022, and distribution is not anticipated until mid-2023. Please be patient.

Unless you exclude yourself (“Opt Out”) from the Settlement Class by timely submitting an Opt Out from the Settlement Class, you will remain in the Settlement Class, and that means you cannot sue, continue to sue or be part of any other lawsuit against the Defendants about the legal issues in this case. It also means that all of the Court’s orders will apply to you and legally bind you. If you sign the Claim Form, you will agree to a Release of claims that describes exactly the legal claims that you give up if you get Settlement benefits. The Release is defined and detailed in the Settlement Agreement.

The Court has appointed attorneys from the law firms DiCello Levitt Gutzler LLC; Pearson, Simon, & Warshaw, LLP; and Reese LLP to represent you and the other Settlement Class Members. The lawyers are called Class Counsel. They are experienced in handling similar class action cases. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

Amy E. Keller DiCello Levitt Gutzler LLC Ten North Dearborn St., Sixth Fl. Chicago, IL 60602  1-312-214-7900  akeller@dicellolevitt.com

Melissa S. Weiner Pearson, Simon & Warshaw, LLP 328 Barry Avenue S Suite 200 Wayzata, MN 55391  1-612-389-0600  mweiner@pswlaw.com

Michael R. Reese Reese LLP 100 West 93rd Street, 16th Fl. New York, NY 10025  1-212-643-0500  mreese@reesellp.com

You may contact Class Counsel if you have any questions about this website, the Notice or the Settlement. Please do not contact the Court.

Class Counsel will ask the Court for an award of attorneys’ fees up to one-third (1/3) ($7 million) of the $21 million Settlement Amount, and in addition to fees, seek reimbursement of litigation costs plus reasonable costs incurred through the Effective Date. Any award of Attorneys’ Fees and Costs will be paid from the Settlement Amount. Class Counsel will also ask the Court for Service Awards of $3,500 for each of the Named Plaintiffs. The purpose of the Service Awards is to compensate the Named Plaintiffs for their time, efforts, and risks taken on behalf of the Settlement Class. Any Service Award payment to the Named Plaintiffs will be paid from the Settlement Amount. The Court may award less than these amounts. Class Counsel’s Motion for Attorneys’ Fees and Expenses will be available on this website once it has been filed.

The deadline to opt out of the Settlement has passed. In order to opt-out of the Settlement, you needed to send a written Opt-Out by mail postmarked by August 25, 2022 or submit an Opt-Out online by or on August 25, 2022.

If you did not follow these procedures and deadlines, you remain a Settlement Class Member. This means that your rights will be determined in this lawsuit by the Settlement Agreement if it receives final approval from the Court.

No. If you opted out, you cannot receive a Cash Award. However, you may sue, continue to sue, or be part of a different lawsuit against the Defendants. If you sent in an Opt-Out, but have since changed your mind, you may rescind your Opt-Out by timely submitting a Claim Form to the Claims Administrator to obtain benefits of the Settlement.

The deadline to object to the Settlement has passed. In order to object to the Settlement, you needed to file a written objection with the Court or mail it to the Court postmarked by August 25, 2022.

If you filed a timely objection, it will be considered by the Court at the Fairness Hearing. You do not need to attend the Fairness Hearing for the Court to consider your objection.

Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement Class. Opting out is telling the Court that you do not want to be part of the Settlement Class. If you opt out, you have no basis to object because you are no longer part of the case.

The Court held a Fairness Hearing at 10:00 a.m. on September 28, 2022. The Court granted final approval to the Settlement.

No. Class Counsel will answer all questions the Judge may have. However, you are welcome to attend the hearing at your own expense. If you submit an objection, you do not have to attend the hearing to talk about your objection. As long as you postmarked or filed your written objection by August 25, 2022, per the instructions in FAQ 16, the Judge will consider it. You may also pay your own lawyer to attend at your own expense, but it is not necessary. The Fairness Hearing will take place in-person and remotely. Instructions on how to attend the hearing remotely, including the login information, will be posted on this website closer to the hearing date.

If you wish to appear at the Fairness Hearing and orally present your objection to the Court, your written objection must include your statement of intent to appear at the Fairness Hearing. The Fairness Hearing will take place in-person and remotely. Instructions on how to attend the hearing remotely, including the login information, will be posted on this website closer to the hearing.

If you fit the Settlement Class definition as described in FAQ 5 and do nothing, you will be part of the Settlement Class, but you will not get a Cash Award from the Settlement. Unless you opt out of the Settlement, you will not be permitted to continue to assert claims about the issues in this case or subject to the Release in any other lawsuit against Defendants ever again.

If, after you submit a Claim Form, you change your postal or email address, it is your responsibility to inform the Claims Administrator of your updated information. To update or change your address, please either call 1-855-604-1865 (Toll-Free), or send a letter signed by you that includes your former and current mailing addresses. Then, send the letter to the following address:

In re fairlife Milk Products Litigation
P.O. Box 5569
Portland, OR 97228–5569

If applicable, please provide your Confirmation Code from your online Claim Form. Please note that updates provided to the Claims Administrator will only update our database which relates to communications and mailings in conjunction with this Settlement.

This website and the Notice summarize the proposed Settlement. For the precise terms and conditions of the Settlement, please see the Settlement Agreement, which can be found along with other court documents on the Documents page. If you have questions about the Settlement, you can contact the Claims Administrator by calling 1-855-604-1865 (Toll-Free), emailing info@fairlifeMilkSettlement.com or to In re fairlife Milk Products Litigation, P.O. Box 5569, Portland, OR 97228-5569. You may also Class Counsel via contact information listed in FAQ 12.