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December 27, 2012 / Nazareth M. Haysbert

$7.5 Million Settlement Reached in Class Action False Advertising Lawsuit Against Aurora Organic Diary

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A preliminary settlement has been reached in a class action lawsuit against Aurora Organic Dairy, the leading U.S. producer of private-brand organic dairy products. The class action lawsuit alleged that Aurora Organic Dairy made false and misleading statements about the organic nature of its products and sold non-organic milk at organic prices. Federal and state laws prohibit corporations from making false or misleading statements about their products to consumers.

Aurora Organic Dairy denied any wrongdoing, but decided to settle the class action lawsuit, entitled In re Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation, to avoid further litigation. Under the terms of the settlement, Aurora has created a $7.5 million settlement fund entitling consumers to a one-time cash award of up to $10 if they purchased one or more units of milk products and filed a valid, timely and sworn claim.  No proof of purchase is required.  Any class member able to provide a valid proof of purchase of twenty one (21) or more units of milk products and files a valid, timely and sworn claim would be entitled to cash awards of up to a maximum of $30.  The reimbursement amounts are subject to pro rata reductions if the claims for payment exceed the settlement fund.

Once the settlement is approved by the Court, class members who submit a claim form postmarked or submitted online by March 13, 2013, will be eligible to participate in the settlement. Any consumer who wants to exclude themselves from the settlement must do so by written request postmarked by January 28, 2012.  Objections to the settlement must be postmarked or delivered to the Court by January 28,2013.  The final Fairness Hearing is scheduled for February 26, 2013 at 9:00 a.m. at the Thomas F. Eagleton U.S. Courthouse, 111 South 10th Street, St. Louis, MO 63102.

If you or someone you know has been misled or harmed by false claims about a product, contact Khorrami, LLP for more information and a free consultation regarding your possible claims.

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