Gauss v. Millennium Products GT Kombucha & Synergy Beverage Class Action Settlement

If purchased a “GT’s Kombucha” or “Synergy” beverage manufactured by Millennium Products, Inc. in the United States between September 8, 2006 and September 1, 2010, your rights may be affected by a class action settlement.

A class action settlement has been reached in a class action lawsuit against Millennium Products, Inc. (“Millennium Products” or “Defendant”) pending in the Superior Court of California, City and County of San Francisco (styled Gauss v. Millennium Products, Inc., Class Action Case No. CGC-10-503347) alleging, among other things, that Millennium sold GT Kombucha or Synergy beverages without any warning that they allegedly could or did contain more than 0.5% alcohol by volume and that GT Kombucha or Synergy beverages were marketed, displayed and sold as if they were non-alcoholic (soft) drinks or tea, according to the Gauss v. Millennium Products GT Kombucha & Synergy Beverage Class Action Settlement notice.

For purposes of settlement only, the Court has reportedly certified a class consisting of all persons who purchased a “GT’s Kombucha” or “Synergy” beverage (“Beverages”) manufactured by Millennium Products, Inc. in the United States between September 8, 2006 and September 1, 2010 (the “Class Period”). The Settlement Class excludes Judge John E. Munter, Judge James L. Warren (Ret.), Judge Richard Bennett (Ret.), and any member of their immediate families; any government entity; Millennium; any entity in which Millennium has a controlling interest; any of Millennium’s subsidiaries, parents, affiliates, and officers, directors, employees, legal representatives, heirs, successors, or assigns; and any persons who timely opt-out of the Settlement Class.

Millennium Products GT Kombucha & Synergy Beverage Settlement Class Members who submit claims reportedly will fall into one of the following groups and will be entitled to settlement benefits assigned to their group:

(1) Group A. Group A consists of all Settlement Class Members who submit a valid Proof of Purchase. A Proof of Purchase shall consist of an itemized retail receipt, credit card statement or debit card statement that shows the Beverage(s) purchased, the date and place of purchase, and the amount paid to purchase the Beverage(s). The Proof of Purchase must be sent by first-class mail with the completed Claim Form or Claim Form Confirmation Page, or it must be submitted electronically through the Settlement Website at www.gtsettlement.com, pursuant to the instructions on the Claim Form. Group A Class Members will only receive a full cash refund of the purchase price of Beverages purchased during the Class Period for which a Proof of Purchase is provided. For any additional purchases not shown in the receipts and statements, Group A Class members will receive a $1 coupon for each additional $1 declared to have been paid.

(2) Group B. Group B consists of all Settlement Class Members who do not fall within Group A. Group B Class Members will receive, for each $1 declared to have been paid for Defendant’s Beverage(s) during the Class Period, a coupon for $1.

Coupons are reportedly good only towards a future purchase of any of Millennium’s “Enlightened GT’s Kombucha” or “Enlightened Synergy” beverages (“Enlightened Beverages”). Enlightened Beverages are reportedly produced with a different formula than the Beverages to minimize the risk that their alcohol content will rise above 0.5% alcohol by volume. Coupons are fully transferable, expire one year from issuance, and have no cash value. A maximum of $6 in coupons will be issued to any Settlement Class Member.  Up to $3 in coupons can be combined towards the purchase of any single Enlightened Beverage.

The proposed Millennium Products GT Kombucha & Synergy Beverage Settlement Agreement is subject to Court approval. On Tuesday, November 22, 2011, at 1:30 p.m., in Department 305, San Francisco Superior Court, 400 McAllister Street, San Francisco, CA 94102, a hearing will be held on whether the proposed settlement should be approved as fair, reasonable and adequate.

For more information on the Gauss v. Millennium Products GT Kombucha & Synergy Beverage class action settlement, visit the Gauss v. Millennium Products class action settlement website.

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