StarKist Packaged Tuna $3,875,000 Price Fixing Settlement

If you or your company purchased Foodservice-Size Packaged Tuna Products (40 oz. or greater) directly from DOT Foods, Sysco, US Foods, Sam’s Club, Walmart, or Costco from June 1, 2011, through December 31, 2016, you may be eligible to claim a portion of a class action settlement.

StarKist Co. and Dongwon Industries Co., Ltd. have agreed to pay $3,600,000, and Lion Capital (Americas), Inc., Lion Capital LLP, and Big Catch Cayman LP have agreed to pay $275,000 to settle a class action lawsuit for alleged price-fixing of Foodservice-Size Packaged Tuna Products.

Who Can Claim an Award?

To be eligible for an award, you must be part of the Commercial Food Preparer (CFP) Class. This class includes all persons and entities in 27 named states and D.C. that indirectly purchased packaged tuna products produced in packages of 40 ounces or more that were manufactured by any Defendant and purchased directly from DOT Foods, Sysco, US Foods, Sam’s Club, Walmart, or Costco from June 1, 2011, through December 31, 2016.

The 27 states included in the class are:

• Arizona
• Arkansas
• California
• Florida
• Iowa
• Kansas
• Maine
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Nebraska
• Nevada
• New Hampshire
• New Mexico
• New York
• North Carolina
• North Dakota
• Oregon
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Utah
• Vermont
• West Virginia
• Wisconsin

What Awards Can Class Members Claim?

Class members can claim a pro rata share of the net settlement fund based on their validated purchases of Foodservice-Size Packaged Tuna Products. The total settlement fund is $3,875,000, which will be distributed among the class members after deducting attorney fees, expenses, and service awards.

For example, if the net settlement fund is $3,000,000 after deductions and there are 1,000 valid claims, each claim would receive $3,000. However, the actual amount may vary based on the total number of valid claims and the amount of validated purchases.

• Tier 1: Class members who filed a valid claim or whose purchase information is found in the Distributors’ records will receive a pro rata payment.
• Tier 2: Class members who did not file a valid claim and whose purchase information is not found in the Distributors’ records need to file a claim to receive a pro rata payment.

Is Proof Required to Claim the Reward?

Yes, claimants need to provide proof to claim an award. If you received a postcard showing your qualifying purchase value, you do not need to resubmit your claim. If you did not receive a qualifying purchase value, you need to file a claim with business records to validate your purchase amount.

Proof can include:

• Purchase orders
• Receipts
• Business records

How to Claim Your Award

To claim your award, you can file a claim online using the online claim form. Alternatively, you can mail your completed paper claim form to the claims administrator at:

Packaged Seafood Antitrust - CFP Class

c/o Kroll Settlement Administration

P.O. Box 5324

New York, NY 10150-5324

Ensure your claim form is postmarked by August 30, 2024.

Submitting a Claim

Follow these steps to submit a claim:

1. Visit the online claim form or download the paper claim form from the official settlement website.
2. Fill out the claim form with your personal and purchase information.
3. Attach any required business records to validate your purchase amount.
4. Submit the claim form online or mail it to the claims administrator.

Settlement Fund Breakdown

The total settlement amount is $3,875,000. This includes $3,600,000 from StarKist and Dongwon Industries and $275,000 from Lion Capital. The settlement fund will be used to provide payments to class members, cover notice and settlement administration costs, pay attorney fees and expenses, and provide service awards to class representatives.

The breakdown of the settlement fund is as follows:

• Total Settlement Fund: $3,875,000
• Attorney Fees and Expenses: Up to one-third of the settlement fund
• Notice and Settlement Administration Costs: To be determined
• Class Representative Service Awards: Up to $5,000 per representative

Important Dates

• Claim Deadline: August 30, 2024
• Fairness Hearing: November 15, 2024

When will Awards be Paid?

Awards will be paid after the final approval of the settlement, which is expected to be decided at the Fairness Hearing on November 15, 2024.

Why is there a Class Action Settlement?

The class action settlement addresses allegations that StarKist, Dongwon Industries, and Lion Capital conspired to fix, raise, and maintain the prices of Foodservice-Size Packaged Tuna Products, resulting in purchasers paying more for these products than they otherwise would have.

What Happens Next?

The next steps include filing claims, objecting to the settlement if necessary, and attending the Fairness Hearing. Ensure to file your claim by August 30, 2024, to be eligible for an award.