If you purchased a Celsius drink or powdered drink between January 1, 2015 and November 23, 2022, you may be eligible for money from a class action settlement (2024)

NEW YORK,14 december 2022/PRNewswire/ --The following notice has been issued by Clarkson Law Firm, P.C. and is authorized byThe United Statesthe municipal council of the southern districtNew York, iHezi v. Celsius Holdings, Inc.(Nr. 1:21-cv-9892-VM).

What is this announcement about?

A lawsuit is pending in the U.S. District Court for the Southern DistrictNew York("Disputes") may affect your rights. The lawsuit alleges that Celsius Holdings, Inc. ("Defendant") misleadingly labeled its products as "No Preservatives" even though they contained citric acid, which, according to Defendant, was added to its products only to add flavor and not as a preservative. The court did not agree with the plaintiff and the defendant. Instead, the parties agreed to a settlement.

IsIAMember of the class?

You are a class member if you live inThe United Stateswho have purchased a Celsius drink for personal or household use and not for resale or distribution, including the original Celsius drinks (sometimes referred to as "Celsius Live Fit"), Celsius Heat, Celsius BCAA+Energy and Celsius with Stevia), as well as including Celsius On-The-Go and Flo Fusion powdered drinks ("Products"), betweenJanuary 1, 2015In23 november 2022.

What does the settlement achieve?

Subject to court approval, the settlement provides a monetary award to class members who submit a valid and timely claim form. Class members who previously purchased a can of Product during the Class Period may submit a claim to receive itA dollar ($1,00)for each can of product. Group members who previously purchased Celsius On-The-Go or Flo Fusion powdered beverages, usually sold in packs of 14, can submit a claim to receive5,00 USDper pack of 14. Class Members who submit approved claims with receipts are limited to a cash reward ofTwo hundred and fifty dollars (250,00 USD)per household. Group members who have previously purchased a product but cannot provide proof of payment can submit a claim for receipt of up toTwenty dollars ($20,00)per household.

If the total value of all approved claims exceeds or falls below the funds available for distribution to class members, the cash payment amounts will be reduced or increased pro rata as necessary to utilize all available funds for distribution to class members. Such pro rata adjustment will be calculated prior to the distribution of the funds (i.e., will be made in a single distribution). Any pro rata upward adjustment is limited to twice the required amount. Any funds remaining unused or unused after the distribution of the settlement fund will be distributed to court-approved charities. The settlement also allows for changes to the defendant's product advertising and labeling, including the removal of the "No Preservatives" label requirement.

What are my rights and options?

You have three options:
You can file a claim.Class members who wish to receive a cash prizemustsubmit a claim form by visiting the settlement website,www.CelsiusClassActionSettlement.com,and submitting (or printing and mailing) a claim form. The term forpostmark or submit your claim onlineFebruary 13, 2023.
VanCan appeal the settlement. You may also appeal any part of this settlement. Objections should be sent to the class administrator andappearance stampedFebruary 13, 2023.
You can opt out of the settlement. You may opt out of the settlement by submitting an opt-out request to the class administratorappearance stampedFebruary 13, 2023.This is the only option that will allow you to participate in any other legal action against the defendant regarding the legal claims in this case.

Details on how to unsubscribe, appeal and submit your claim form can be found atSettlement website.

The court hearing

Op31. mars2023 kl11:00 amthe court will hold a hearing in the US. District Court for the Southern District ofNew York, Parelstraat 500,New York, NY10007 to approve the following: (1) The settlement as fair, reasonable and adequate; and (2) the request for plaintiffs' attorneys' fees per$ 2.600.000and reimbursem*nt of legal costs up to$300.000and payment of maximum$ 20.000in total to the Class Representatives. Members of the class who support the proposed settlement are not required to appear at the hearing or take any other action to indicate their approval.

How canIGet more information?

This is only a summary of the settlement. If you have any questions or would like to view the detailed notice or other documents regarding the lawsuit, including the settlement agreement, please visitwww.CelsiusClassActionSettlement.com,Contact the class advisor at[email protected], or call the class controller1-855-737-1258.

SOURCE Celsius Class Manager