Molson Coors Plans to Settle Vizzy Class Lawsuit for $9.5 Million
California federal District Choose William H. Orrick granted preliminary approval on a $9.5 million settlement on a category motion lawsuit involving Molson Coors’ line of Vizzy Onerous Seltzers, in line with Brewbound. The case, which addressed well being claims on Vizzy’s packaging, was filed by northern California resident Jennifer Marek in 2020.
The go well with states that Vizzy’s claims of containing “antioxidant vitamin C from acerola superfruit” are “deceptive,” in line with Law360. Whereas the product (launched in 2020) does comprise acerola cherry, health-related claims that promote the consumption of alcoholic merchandise strongly battle with Alcohol and Tobacco Tax Commerce Bureau (TTB) rules.
It’s price noting, nevertheless, that Vizzy Onerous Seltzers don’t comprise malt or hops, which technically designates the Meals and Drug Administration (FDA) — not the TTB — as its overseeing regulatory physique. Throughout the go well with, Vizzy persistently claimed that it didn’t violate any promoting rules.
Whereas the case is but to be finalized, Molson Coors proposed a $9.5 million settlement fund to cowl the California go well with and two related claims in Illinois and Florida. Some $2.5 million of these funds will cowl legal professional charges.
Customers who bought Vizzy are entitled to reimbursement with proof of buy — as much as $5 per 24-pack, $3 per 12-pack, and $0.75 per single can. With out a receipt, customers can obtain as much as $15 per family. Per the phrases of the settlement, Molson Coors can even modify Vizzy packaging to omit vitamin claims on the entrance label.
“I believe the settlement is honest, affordable, and ample, the quantity looks like an excellent outcome for the category and this was clearly a well-contested case,” Choose Orrick acknowledged.
The settlement is anticipated to be finalized on the subsequent listening to on Could 24.
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