A&W Concentrate Co. and Keurig Dr Pepper Inc. $15,000,000 Settlement

A proposed settlement has been reached in the class action lawsuit, Sharpe et al. v. A&W Concentrate Co. et al. The lawsuit revolves around allegations of misleading labeling on A&W root beer and cream soda beverages. This settlement could potentially affect a large number of consumers who purchased these products between February 7, 2016, and June 2, 2023.

The defendants, A&W Concentrate Co. and Keurig Dr Pepper Inc., have agreed to a maximum settlement amount of $15,000,000, despite denying the allegations. The settlement aims to resolve the dispute and avoid further litigation, offering compensation to eligible class members.

The $15,000,000 Settlement

The settlement amount is intended to cover valid claims, attorneys' fees and costs, administration expenses, and class representatives' service awards. The defendants have agreed to this amount to avoid the uncertainties and costs associated with continued litigation.

The settlement fund will be distributed among eligible class members who submitted valid claims. The amount of compensation each class member receives will depend on the tier of their claim and whether they provided proof of purchase.

Important Dates

• Deadline to File a Claim: The deadline for submitting a claim form is October 18, 2023.
• Final Approval Date: The court will hold a final approval hearing on October 19, 2023, to determine whether to approve the settlement.
  

Who Are the Class Members?

Class members are individuals who live in the United States and purchased A&W Root Beer or Cream Soda Products for personal use between February 7, 2016, and June 2, 2023. These products must have contained the statement 'Made with Aged Vanilla' on their labels.

There are three tiers of class members, each with different compensation amounts:

• Tier 1: Claims without Proof of Purchase
• Tier 2: Claims with and without Proof of Purchase
• Tier 3: All Claims with Proof of Purchase
  

However, certain individuals and entities are excluded from the class, including government entities, persons who purchased the products for resale, persons who made a valid request for exclusion, certain individuals associated with the court, and distributors, wholesalers, retailers, or other persons who purchased the product for the purpose of selling it to someone else.

What Can Class Members Claim?

Class members can submit a claim form to receive compensation. The amount of compensation depends on the tier of their claim and whether they provide proof of purchase.

The awards are as follows:

• Tier 1: $5.50 per Household
• Tier 2: Guaranteed minimum of $5.50 per Household, plus $0.50 per Unit purchased with valid Proof of Purchase, up to a maximum of $25.00 per Household.
• Tier 3: Guaranteed minimum of $5.50 per Household, plus 50 cents per unit for every unit over eleven units with valid Proof of Purchase, up to a maximum of $25.00 per Household.
  

Is Proof Required to Claim the Reward?

No proof of purchase or other documentation reflecting the purchase of A&W Root Beer or Cream Soda Products between February 7, 2016, and June 2, 2023, is required to claim the reward, but the potential reward is higher with proof of purchase.

Why Is There a Class Action Settlement?

The class action lawsuit alleges violations of the Texas Deceptive Trade Practices Act and unjust enrichment. The plaintiffs claim that the 'Made With Aged Vanilla' statement on the label of A&W root beer and cream soda beverages was misleading because the products contained artificial vanilla flavoring. The defendants deny these allegations but have chosen to settle to avoid further litigation.