Partial settlement in chocolate class action suit
According to the Notice Co., consumers who purchased chocolate candy in the United States from Cadbury Holdings Ltd., Cadbury plc, and Cadbury Adams Canada, Inc. between Dec. 9, 2002 and December 20, 2007, may be eligible for a settlement.
On August 12, 2011, the U.S. District Court for the Middle District of Pennsylvania granted preliminary approval to a proposed class action settlement with Cadbury Holdings Ltd., Cadbury plc, and Cadbury Adams Canada, Inc. The litigation is continuing against the remaining defendants: Hershey Canada, Inc., The Hershey Co., Mars, Inc., Mars Snackfood U.S., LLC and Nestle U.S.A., Inc. The lawsuit involves allegations that defendants engaged in an unlawful conspiracy to fix, raise, maintain or stabilize the prices of chocolate candy in violation of federal and state antitrust laws.
The defendants deny these allegations. "Chocolate Candy" refers to chocolate bars and other chocolate confectionery products made by any defendant and packaged to be sold at retail. The settlements provide for the payment by Cadbury of $250,000 in cash to the Indirect End User Plaintiffs, and $1,312,500 in cash to the Direct Purchaser Plaintiffs. It also provides for $250,000 to pay for notice of the settlements to all settlement classes. Cadbury has also agreed to provide certain cooperation in the prosecution of the litigation against the remaining defendants.
To be a member of the Direct Purchaser Plaintiffs Settlement Class, purchasers must have bought chocolate candy in the United States directly from any Cadbury company. Indirect End User Plaintiffs Settlement refer to those who purchased the chocolate through a retailer or other reseller.
For more details regarding the proposed class action settlements, visit www.ChocolateSettlementDirect.com and www.ChocolateSettlementIndirect.com. Class members may opt out of the settlements by October 21, 2011, or file objections by November 28, 2011. The Court will hold a Fairness Hearing at 10:30 a.m. on December 12, 2011, at 228 Walnut Street, Harrisburg, Pa., 17108.
For additional information about the Indirect Purchaser settlement, consumers are asked to write to Chocolate Settlement Indirect, c/o The Notice Company, PO Box 455, Hingham, Mass., 02043.