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A Court authorized this notice because you have a right to know about the proposed settlement in this class action lawsuit, and about all of your options, before the Court decides whether to give “final approval” to the settlement. This notice explains the lawsuit, the settlement, and your legal rights.

The cases are known as Thomas, et al. v. Nestle, et al., Case No. BC649863, currently pending in Los Angeles Superior Court of California, and Iglesia, et al. v. Nestle USA, Inc. et al., Case No. 3:20-cv-05971-BRM-DEA, currently pending in the New Jersey District Court (“Actions”). The people who sued are called the Plaintiffs. The companies they are suing, Nestle USA, Inc., Ferrara Candy Co., and Ferrero U.S.A. Inc, are called the Defendants.
On February 9, 2017, Class Representatives Jade Thomas and Carey Hoffman filed a class action lawsuit against Defendants Nestle USA, Inc. and Ferrara Candy Co. entitled Thomas, et al. v. Nestle USA, Inc., et. al., Los Angeles Superior Court of California, Case No. BC649863, alleging that they relied on allegedly oversized packaging of the Settlement Class products, and that such packaging violates state and federal packaging laws and state consumer protections laws (including California’s False Advertising Law (“FAL”), Cal. Bus. & Prof. Code § 17500, et. seq., California’s Unfair Competition Law (“UCL”), Cal. Bus. & Prof. Code § 17200, et. seq., and California’s Consumers Legal Remedies Act (“CLRA”), Civil Code § 1750, et seq.), and that as a direct result of such violations Plaintiffs have been economically injured. On May 15, 2020, Class Representatives Regan Iglesia, Larry Fertel, Nosson Chaim Rosenberg, Suzanne Tatkow, Jaime Maxwell, Lauren Debeliso, Meredith Barter, and Patrick Ferguson filed a similar class action lawsuit against Defendants Nestle USA, Inc., Ferrara Candy Co., and Ferrero U.S.A. Inc. entitled Iglesia, et al. v. Nestle USA, Inc., et al., New Jersey District Court, Case No. 3:20-cv-05971-BRM-DEA.

Defendants deny any wrongdoing or liability arising out of any of the facts or conduct alleged in the Action and believes that it has valid defenses to the allegations. The Court has not decided that Defendants did anything wrong, and the settlement does not mean Defendants broke the law. Both the Plaintiffs and Defendants believe that the settlement is fair, adequate, and reasonable and that it is in the best interests of the Settlement Class.
In a class action one or more people called “Class Representatives” (in this case, Jade Thomas, Carey Hoffman, Regan Iglesia, Larry Fertel, Nosson Chaim Rosenberg, Suzanne Tatkow, Jaime Maxwell, Lauren Debeliso, Meredith Barter, and Patrick Ferguson) sue on behalf of people who have similar claims. All of these people or entities are a “Class” or “Class Members.” One court resolves the issues for all Class Members, except for those who exclude themselves from the Class.
You are a member of the Settlement Class if you purchased for personal consumption, and not for re-sale, one or more cardboard boxes of Raisinets®, Buncha Crunch®, Butterfinger Bites®, Tollhouse Semi-Sweet Chocolate Morsels®, Rainbow Nerds®, SweeTarts®, Spree®, Gobstopper®, Sno-Caps®, and Runts® candy in the United States between February 9, 2013 and September 23, 2021. This time period is referred to as the “Class Period”. Excluded from the Settlement Class are any officers, directors, or employees of Defendants, and the immediate family member of any such person. Also excluded is any judge presiding over this case.
The parties have agreed to make available a total Settlement Fund of three million seven hundred thousand dollars ($3,700,000) (“Total Settlement Amount). Settlement Class Members who submit a Valid Claim shall receive Fifty Cents ($0.50) per unit of Covered Product purchased up to a maximum of sixteen units or Eight Dollars ($8.00).

If the amount in the Settlement Fund is either less or more than the aggregate amount of the total Valid Claims submitted by Settlement Class Members, the amount of the claims of each Settlement Class Member will be increased or decreased, respectively, pro rata in the event of under-subscription or over-subscription, respectively, of the Settlement Fund.

Pro rata upward adjustment of cash claims shall be capped at a multiple of five (5) times a given Settlement Class Member’s claimed amount or $40.00, whichever is lower. A maximum of $40.00 shall be paid to any Household for claimed purchases. Any unused amounts from the Settlement Fund after checks for Valid Claims are issued and cashed shall be disbursed cy pres to St. Jude, Make-a-Wish Foundation, No Kid Hungry, and America’s Grow A Row.

Additionally, Defendants have agreed to either (i) include an actual size depiction of an individual piece of the Covered Product’s candy accompanied by the term “actual size” on the product label, (ii) provide a fill line on the product label, (iii) target a fill level for the packaging that, measured from the top of the candy, with carton sides held rigid, would be higher than the current fill level, provided that such fill level does not interfere with the functioning of any container reseal mechanism; or (iv) include any other label statement or image, in addition to the net quantity of contents statement, that provides a piece count, volume or amount. The parties have further agreed that the costs to administer this Settlement will be paid from the Settlement Fund, that Class Counsel may request reasonable attorneys’ fees not to exceed $1,166,667 upon Court approval, plus litigation costs and expenses approved by the Court, and that the Class Representatives may apply for an enhancement award of up to Twenty Thousand Dollars ($20,000) from the Court.

More details are in a document called the Settlement Agreement.
If the settlement becomes final, Class Members will be releasing Defendants and all related people and entities for all the claims described and identified in Section 7 of the Settlement Agreement (called the “Class Released Claims”) and is included below:

By executing this Agreement, the Parties acknowledge that, upon the entry of the Final Approval Order by the Court, the passing of the Effective Date, and the Settlement Amount being fully funded, the Action shall be dismissed with prejudice, an order of dismissal with prejudice shall be entered, and all Released Claims shall there-by be conclusively settled, compromised, satisfied, and released as to the Released Parties. Upon the Settlement Amount being fully funded, the Final Approval Order shall provide for and effect the full and final release, by the Releasing Parties of all Released Claims, consistent with the terms of this Agreement.

Notice of the Court’s final judgment will be effected by posting it on this website. The full Settlement Agreement is available here. The Settlement Agreement describes the Class Released Claims with specific descriptions, in necessarily accurate legal terminology, so read it carefully. You can talk to one of the lawyers listed below for free or you can, of course, talk to your own lawyer if you have questions about the released claims or what they mean.
To ask for a cash payment you must complete and submit a Valid Claim Form. You can get a Claim Form on this website. The Claim Form describes what information you must provide to prove your claim and receive a cash payment, provided by you under penalty of perjury, on where any purchases took place, the quantity of Settlement Class Products purchased, and the approximate dates of purchase. Please read the instructions carefully, fill out the Claim Form, and either submit it online or mail it postmarked no later than, December 27, 2021 to:

Claims Administrator
Digital Settlement Group, LLC
PO Box 350
Valparaiso, IN 46384

The Settlement Administrator may seek additional information to validate the Claim Form and/or disqualify an invalid claim. If you provide incomplete or inaccurate information, your claim may be denied.
Checks will be mailed to Class Members who send in Valid Claim Forms on time, after the Court grants “final approval” of the settlement, and after the time for appeals has ended and any appeals have been resolved. If the judge approves the settlement after a hearing on January 12, 2022 (see the section “The Court’s Fairness Hearing” below), there may be appeals. Resolving these appeals can take time. Please be patient.
To opt out from the settlement, you must send a letter by mail saying that you want to be excluded from Thomas, et al. v. Nestle USA, Inc., et al., Superior Court of California for the County of Los Angeles, Case No. BC649863. Be sure to include your name, address, telephone number, the approximate date of purchase, and your signature. You can’t ask to be excluded at the website or on the phone. You must mail your opt out request postmarked no later than December 27, 2021 to:

Claims Administrator
Digital Settlement Group, LLC
PO Box 350
Valparaiso, IN 46384

Requests to opt-out that do not include all required information and/or that are not submitted on a timely basis, will be deemed null, void, and ineffective. Settlement Class Members who fail to submit a valid and timely Request for opting out on or before the deadline above shall be bound by all terms of the settlement and any Final Judgment entered in this Litigation if the Settlement is approved by the Court, regardless of whether they ineffectively or untimely requested exclusion from the settlement.
To object to the settlement, you or your attorney must provide a written objection to the Claims Administrator showing the basis for your objections. Your objection must contain the following information: (i) your name, address, and telephone number, (ii) the name, address, and telephone number of any attorney you have hired with respect to the objection; (iii) the factual basis and legal grounds for your objection, including any documents sufficient to establish your purchase of the Settlement Class Products at issue in this case e.g., receipt, or verification under oath as to the approximate date(s) and location(s) of the purchase(s) of the Settlement Class Products; and (iv) identification of the case name, case number, and court for any prior class action lawsuit in which you or your attorney has objected to a proposed class action settlement, the general nature of such prior objection(s), and the outcome of said prior objection(s). You must send a copy of your objection to the Claims Administrator at the following address: Digital Settlement Group, LLC; PO Box 350; Valparaiso, IN 46384.

You or your lawyer may, but are not required to, appear at the Final Approval Hearing. If you or your lawyer attend the Final Approval Hearing, then you have the option of filing with the Court a Notice of Intention to Appear, but are not required to. The Court will hear from any Class Member who attends the Final Approval Hearing and asks to speak regarding his or her objection. The requirement to submit a written objection may be waived upon a showing of good cause.
Objecting is simply telling the Court that you don’t like something about the settlement. You can object only if you stay in the Class. If you stay in the Class, you will be legally bound by all orders and judgments of the Court, and you won’t be able to sue, or continue to sue, Defendants as part of any other lawsuit involving the same claims that are in this lawsuit. Opting out is telling the Court that you don’t want to be part of the Class. If you opt out, you have no basis to object because the case no longer affects you.
The Court has designated the lawyers at Clarkson Law Firm, P.C., 22525 Pacific Coast Highway, Malibu, CA 90265 and Faruqi & Faruqi, 10866 Wilshire Boulevard, Suite 1470, Los Angeles, CA 90024, to represent you as “Class Counsel.” You will not be charged for these lawyers. If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense.
The Settlement Administrator’s and Notice Provider’s costs and fees associated with administering the Settlement, including all costs associated with the publication of the Notice of Settlement will be paid out of the Settlement Fund and shall not exceed $500,000. Class Counsel’s reasonable attorneys’ fees and costs related to obtaining the settlement consistent with applicable law will also be paid out of the Settlement Fund, subject to Court approval.

The Class Representatives will also request that the Court approve a payment to them of up to $20,000 total from the Settlement Fund, as incentive awards for their participation as the Class Representatives, for taking on the risk of litigation, and for settlement of their individual claims as Class Members in the settled Actions. The amounts are subject to Court approval and the Court may award less.
The Court will hold a Fairness Hearing at 10:30 a.m. on January 12, 2022, at Superior Court of California County of Los Angeles at 312 N. Spring St., Dept. 1, Los Angeles, CA 90012. The hearing may be moved to a different date or time without additional notice, so please check this website for updates. At this hearing the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The judge will only listen to people who have filed a written objection. The Court will also decide how much to pay the Class Representatives and the lawyers representing Class Members. After the hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take.

The Court’s Covid-19 pandemic procedures currently require all persons, regardless of vaccination status, to wear a face mask over both the nose and mouth while in public areas of the courthouse, including courtrooms. Children under the age of two (2) are exempt from this requirement. Individuals with a physical or mental health impairment or disability who seek an exemption from the face mask requirement must contact the ADA liaison at the courthouse prior to their appearance to request a reasonable accommodation pursuant to the Americans with Disabilities Act or Rule 1.100 of the California Rules of Court. A list of ADA liaisons is available at www.lacourt.org/ada/adahome.aspx. Individuals who decline or refuse to wear a face mask without a court order exempting them from the mask requirement will be denied entry to the courthouse and/or courtroom. Individuals who remove their face masks after entering the courthouse or courtroom will be reminded to wear them. If they refuse, they may be denied services, may have their legal matters rescheduled, and/or will be asked to leave the courthouse or courtroom immediately. Persons who refuse to leave voluntarily will be escorted out of the courthouse and/or courtroom by Los Angeles County Sheriff’s Department personnel. While snack bars and cafeterias will reopen, over the next few weeks, eating or drinking is prohibited in courthouse hallways.
No. Class Counsel will answer any questions the judge may have. But, you are welcome to come at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. If you have sent an objection but do not come to the Court hearing, however, you will not have a right to appeal an approval of the settlement. You may also pay another lawyer to attend on your behalf, but it’s not required.
You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter saying that it is your “Notice of Intent to Appear” in the Thomas, et al. v. Nestle USA, Inc., et al. litigation. Be sure to include your name, address, telephone number, and your signature as well as the name, address and telephone number of any lawyer representing you (if applicable). Your Notice of Intent to Appear must be postmarked no later than December 27, 2021, and be sent to the addresses listed in Questions 13 and 14. You cannot speak at the hearing if you excluded yourself from the Class.
This notice summarizes the proposed settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement, download a Claim Form and review additional case information on this website. You may also call toll-free (877) 342-0828.

PLEASE DO NOT TELEPHONE THE DEFENDANTS, THE COURT, OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.