The notice is to inform you that the District Court has allowed (or “certified”) a class action lawsuit that may affect you. You may be part of a class action lawsuit if you purchased Canned or Pouched Packaged Tuna between June 1, 2011 and July 1, 2015. If you are a Class Member, you have legal rights and options you may exercise before the Court holds a trial that will be set in the near future. At the trial, the Court will decide whether the allegations against Defendants on your behalf (as a member of a certified class) are proven to be true. The trial will be held in the United States District Court for the Southern District of California. The lawsuit is known as In Re: Packaged Seafood Products Antitrust Litigation, No. 15-MD-2670 DMS (MDD).

Those who sued are called the End Payer Plaintiffs or EPPs. The companies they sued are called the Defendants. The Defendants include COSI, StarKist, and Bumble Bee and its parent companies Lion Capital, Lion America, and Big Catch.

The EPPs have already reached a settlement (the “COSI Settlement”) with COSI (the “Settling Defendants”). The COSI Settlement notice has already been issued, and the claims deadline for the COSI Settlement has passed. Bumble Bee is in bankruptcy. The litigation is continuing with StarKist, Lion Capital, Lion America, and Big Catch (the “Non-Settling Defendants”).

The notice explains the lawsuit, certification of the Class by the Court, and your legal rights and options.

In a class action lawsuit, one or more people or businesses called class representatives sue on behalf of others who have similar claims, all of whom together are a “class.” Individual class members do not have to file a lawsuit to participate in the class action, or be bound by the judgment in the class action. One court resolves the issues for everyone in the class, except for those who excluded themselves from the class (“opt out”).

The District Court decided that this lawsuit can be a class action and move towards a trial because it meets the requirements of Federal Rule of Civil Procedure 23, which governs class actions in federal courts. Specifically, the District Court found that:

• There are factual and legal questions that are common to each of the members of the Class;
• The EPPs’ claims are typical of the claims of the rest of the Class;
• The EPPs and the lawyers representing the Class will fairly and adequately represent the Class interests;
• The common legal questions and facts predominate over questions that affect only individuals; and
• This class action will be more efficient than having many individual lawsuits.

The Class includes all persons and entities who resided in Arizona, Arkansas, California, the District of Columbia, Florida, Guam, Hawaii, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, West Virginia, and Wisconsin, who indirectly purchased Packaged Tuna in cans or pouches smaller than forty ounces for end consumption and not for resale, produced by any Defendant or any current or former subsidiary or affiliate thereof, or any co-conspirator during the period from June 1, 2011 to July 1, 2015 (the “Class Period”).

The Class excludes purchases of meal kits. Also excluded from the Class is the Court and anyone who opted out of the COSI Settlement.

If you are still not sure whether you are included, you can get help by calling toll-free at 1-866-615-0977.

The End Payer Plaintiffs ("EPPs") allege that from June 2011 to July 2015, Defendants participated in an unlawful conspiracy to raise, fix, maintain, or stabilize the price of Packaged Tuna products at an artificially high level in violation of antitrust and unfair competition laws.

On July 30, 2019, the District Court certified the Class and selected Wolf Haldenstein Adler Freeman & Herz LLP to act as Class Counsel; however, on April 6, 2021, a three-judge panel of the Ninth Circuit Court of Appeals vacated the District Court’s order and remanded the case to the District Court for further consideration. On August 3, 2021, following a vote of non-recused active judges, the Court of Appeals vacated the April 6, 2021 decision, ordering that an eleven-judge panel rehear the case. On April 8, 2022, the Ninth Circuit Court of Appeals upheld the District Court’s decision to certify the Class. On August 8, 2022, StarKist filed a petition with the United States Supreme Court to appeal the Ninth Circuit’s decision upholding the District Court’s decision to certify the Class. On November 14, 2022, the United States Supreme Court denied StarKist’s petition, allowing the case to proceed to trial. The Court has indicated that it intends to set dates for the trial in the near future. Payments for the COSI Settlement will be distributed after the trial with Non-Settling Defendants. On November 10, 2021, the Court issued an order granting in part and denying in part EPPs’ motion for summary judgment. The EPPs agreed to settle with COSI. On January 26, 2022, the Court preliminarily approved the COSI Settlement, and notice was disseminated. On July 15, 2022, the Court granted final approval of the COSI Settlement and certified the Settlement Class.

Defendants deny the End Purchaser Plaintiffs’ ("EPPs") allegations and have asserted defenses to the EPPs’ claims. StarKist filed a petition in the United States Supreme Court to appeal the Class Order on August 8, 2022; however, that petition was denied. The Court has indicated that it intends to set dates for the trial in the near future.

COSI settled with the EPPs to avoid litigation risks, costs, and inconvenience. Payments for the COSI Settlement will be distributed after the trial with the Non-Settling Defendants.

The Court has not decided whether the End Purchaser Plaintiffs or Defendants are correct as to the extent of Defendants’ conduct, or the impact of that conduct, if any, on the EPPs. By establishing the Class and issuing the Notice, the Court is not suggesting that the EPPs will win or lose this case. The EPPs must prove their claims at trial.

The End Purchaser Plaintiffs ("EPPs") are asking that the Non-Settling Defendants provide monetary damages to Class Members. Plaintiffs will also seek attorneys’ fees and costs incurred in connection with the prosecution of this action.

As part of the COSI Settlement, COSI agreed to pay a maximum of $20 million to a Settlement Fund. A portion of the Settlement Fund (up to $5 million) was used by the Claims Administrator to administer notice and claims in the COSI Settlement (“Notice Fund”). Any monies remaining in the Notice Fund after the costs of notice and claims administration in the COSI Settlement are paid will revert to COSI. The remainder of the Settlement Fund ($15 million) is being used for distribution to qualifying Class Members and to pay certain litigation expenses. Settlement Class Counsel requested, and the Court awarded, a distribution to cover litigation costs in the amount of $4,155,027.67. Settlement Class Counsel did not seek reimbursement for attorneys’ fees from the COSI Settlement, but Counsel reserves the right to seek an award of attorney fees and expenses from any monies recovered from the Non-Settling Defendants through settlement, trial, or judgment based in part on the benefit provided by the COSI Settlement. COSI is also supporting the EPPs with their litigation against Non-Settling Defendants.

No money or benefits are available from Non-Settling Defendants because the Court has not yet decided on the impact of Defendants’ wrongdoing or whether Class Members are entitled to money or other benefits. There is no guarantee that additional money or benefits will be obtained. If there are, you will be notified about how to seek money or other benefits from the Non-Settling Defendants lawsuit.

Money is available to Class Members who filed a claim in the COSI Settlement. COSI Settlement Class Members who timely submitted a valid, approved claim are entitled to be treated equally and receive Settlement compensation on a pro rata basis such that the Settlement Fund is exhausted. The Claims Administrator will not distribute any money until all remaining claims against Non-Settling Defendants are resolved. Please be patient. If your address has changed since the time you filed your claim in the COSI Settlement, please email the Claims Administrator at info@TunaEndPurchaserSettlement.com to ensure any communications about your claim are sent to your current address.

If you excluded yourself from the Class—which means to remove yourself from the Class, and is sometimes called “opting out” of the Class—you will not get any money or benefits from this lawsuit, even if the End Purchaser Plaintiffs ("EPPs") obtain them as a result of the trial, or from the COSI Settlement. However, you may then be able to sue or continue to sue Defendants on your own regarding the claims in this matter. If you excluded yourself, you will not be legally bound by the Court’s judgments in this class action or the COSI Settlement.

If you start your own lawsuit against Defendants regarding the same claims in this matter after you exclude yourself, you will have to hire and pay your own lawyer for that lawsuit, and you will have to prove your claims.

The deadline to opt out of the ongoing litigation passed on July 17, 2023.

No. Unless you excluded yourself from the Class, you gave up the right to sue Defendants for the legal claims in this case. All Court orders relating to legal claims against Defendants will apply to you and legally bind you. 

The deadline to opt out of the ongoing litigation passed on July 17, 2023.

Unless you excluded yourself from the Class, you remain a Class Member. By staying in the Class, all Court orders relating to legal claims against Defendants will apply to you and legally bind you.

The deadline to exclude yourself passed on July 17, 2023.

The deadline to opt out of the ongoing litigation passed on July 17, 2023.

If you already opted out of the COSI Settlement, you do not need to file another opt-out.

If you opted out of the Class you will no longer receive a payment from the COSI Settlement, and you will not get any money or benefits that may result from the End Purchaser Plaintiffs’ (“EPPs”) trial with Non-Settling Defendants. However, you will keep your right to sue or continue to sue Defendants on your own regarding the claims in this matter. If you excluded yourself, you will not be legally bound by the Court’s judgement in this class action or the COSI Settlement. 

Yes. The Court has appointed the law firm of Wolf Haldenstein Adler Freeman & Herz LLP as Class Counsel on behalf of the End Payer Plaintiffs and Class Members. Contact information for Class Counsel is below:

Wolf Haldenstein Adler Freeman & Herz LLP
750 B Street, Suite 1820
San Diego, CA 92101
619-239-4599

Attn: Betsy C. Manifold

If you did not exclude yourself, you do not need to hire your own lawyer because Class Counsel is working on your behalf.

If you wish to pursue your own case separate from this one, and you excluded yourself from the Class, Class Counsel will no longer represent you. You may need to hire your own lawyer if you wish to pursue your own lawsuit against any of the Defendants.

If you remained in the Class, you will not have to pay any fees or costs out-of-pocket. Class Counsel reserve the right to seek an award of additional litigation costs and attorney fees, subject to Court approval, from any funds recovered from the Non-Settling Defendants through settlement, trial, or judgment. Class Counsel further reserves the right to base, in part, any such request on the benefit obtained in the COSI Settlement.

Class Counsel will have to prove the End Payer Plaintiffs' ("EPPs") allegations at a trial. No trial date has been set at this time. At the trial, a jury and the Judge will hear all of the evidence to help them reach a decision about whether the EPPs or Non-Settling Defendants are right. There is no guarantee the EPPs will win or that they will get any money for all or some members of the Class.

No. You do not need to attend the trial. Class Counsel will present the case for the EPPs, and lawyers for the Non-Settling Defendants will present on their behalf. However, you or your own lawyer are welcome to come at your own expense.

If you did not exclude yourself from the Class and if the End Purchaser Plaintiffs obtain money or benefits as a result of the lawsuit, you will be notified about how to participate. In addition, if you filed a valid and timely claim in the COSI Settlement, your payment will be distributed after the trial is resolved. We do not know how long this will take, so please be patient.

You do not have to do anything now if you want to remain in the Class and keep the possibility of getting money or benefits from the lawsuit with the Non-Settling Defendants. By doing nothing, you are staying in the Class. If you stay in the Class and the End Purchaser Plaintiffs ("EPPs") win, you will be notified about how to seek money or other benefits from the lawsuit with Non-Settling Defendants. If the EPPs lose the lawsuit, you will not receive any compensation. Keep in mind that if you do nothing now, regardless of whether the EPPs win or lose the trial, you will not be able to sue or continue to sue Defendants as part of any other lawsuit about the same legal claims that are the subject of this lawsuit. You will also be legally bound by the Orders the Court issues and judgments the Court makes in this class action.

The notice summarizes the case. You can also contact the Claims Administrator:

Tuna End Purchaser Settlement
c/o JND Legal Administration
P.O. Box 91442
Seattle, WA 98111

info@TunaEndPurchaserSettlement.com
1-866-615-0977

You had the right to know about the proposed Settlement and your rights and options before the Court decided whether to approve the COSI Settlement. The Court in charge of this case is the United States District Court for the Southern District of California. The case is called In Re: Packaged Seafood Products Antitrust Litigation, No. 15-MD-2670 DMS (MDD). Those who sued are called the End Payer Plaintiffs or EPPs. The companies they sued are called the Defendants and include Tri-Union Seafoods LLC d/b/a Chicken of the Sea International and Thai Union Group PCL (collectively “COSI”), StarKist Company and its parent company, Dongwon Industries Co. Ltd (collectively “StarKist”) and Bumble Bee Foods, LLC (“Bumble Bee”). Lion Capital LLP ("Lion Capital"), Big Catch Cayman ("Big Catch"), Lion Capital (Americas), Inc. ("Lion America").

As a Settlement Class Member, unless you chose to opt out, you are bound by the judgment of the Court as to COSI in this antitrust class action. 

This Settlement is with COSI only. The End Payer Plaintiffs will continue their Class Action against the StarKist and Lion Capital, Lion America, Big Catch Defendants. Bumble Bee declared bankruptcy. The Court granted the COSI settlement at the hearing on July 15, 2022. 

The End Payer Plaintiffs ("EPPs") allege that from June 2011 to July 2015, Defendants participated in an unlawful conspiracy to raise, fix, maintain, or stabilize the price of Packaged Tuna products at an artificially high level in violation of antitrust and unfair competition laws. On July 30, 2019, the District Court certified the Class and selected Wolf Haldenstein Adler Freeman & Herz LLP to act as Class Counsel; however, on April 6, 2021, a three-judge panel of the Ninth Circuit Court of Appeals vacated the District Court’s order and remanded the case to the District Court for further consideration. On August 3, 2021, following a vote of non-recused active judges, the Court of Appeals vacated the April 6, 2021 decision, ordering that an eleven-judge panel rehear the case. On April 8, 2022, the Ninth Circuit Court of Appeals upheld the District Court’s decision to certify the Class. On August 8, 2022, StarKist filed a petition with the United States Supreme Court to appeal the Ninth Circuit’s decision upholding the District Court’s decision to certify the Class. On November 14, 2022, the United States Supreme Court denied StarKist’s petition, allowing the case to proceed to trial. The Court has indicated that it intends to set dates for the trial in the near future. Payments for the COSI Settlement will be distributed after the trial with Non-Settling Defendants. On November 10, 2021, the Court issued an order granting in part and denying in part EPPs’ motion for summary judgment. The EPPs agreed to settle with COSI. On January 26, 2022, the Court preliminarily approved the COSI Settlement, and notice was disseminated. On July 15, 2022, the Court granted final approval of the COSI Settlement and certified the Settlement Class

The End Payer Plaintiffs reached a Settlement with COSI only. Although COSI denies some of the EPPs’ allegations and has asserted a number of defenses to their claims, they have agreed to settle this action to avoid the uncertainties and risks of further litigation.

The End Payer Plaintiffs’ Class Action is proceeding against the StarKist, Lion Capital, Big Catch and Lion America Defendants, who have not settled with the Class..

In a class action lawsuit, one or more people or businesses called class representatives sue on behalf of others who have similar claims, all of whom together are a “class.” Individual class members do not have to file a lawsuit to participate in the class action settlement, or be bound by the judgment in the class action. One court resolves the issues for everyone in the class, except for those who exclude themselves from the class.

The Court did not decide in favor of either the End Payer Plaintiffs or COSI. Trials involve risks to both sides; therefore, the EPPs and COSI have agreed to settle the case. The EPPs and Class Counsel think the COSI Settlement is in the best interests of the Class and is fair, reasonable, and adequate.

COSI Settlement Class includes all persons and entities who resided in Arizona, Arkansas, California, the District of Columbia, Florida, Guam, Hawaii, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, West Virginia, and Wisconsin, who indirectly purchased Packaged Tuna in cans or pouches smaller than forty ounces for end consumption and not for resale, produced by any Defendant or any current or former subsidiary or affiliate thereof, or any co-conspirator during the period from June 1, 2011 to July 1, 2015 (the “Class Period”).

The COSI Settlement Class excludes purchases of meal kits. Also excluded from the COSI Settlement Class is the Court.

If you are still not sure if you are included, please review the detailed information contained in the Settlement Agreement and Supplemental Settlement Agreement. Both documents are available at the Important Documents page. You may also call the Claims Administrator at 866-615-0977 for assistance.

COSI will pay a maximum of $20 million to a Settlement Fund. A portion of the Settlement Fund (up to $5 million) may be used by the Claims Administrator to administer notice and claims. Any monies remaining after the costs of notice and claims administration are complete will revert back to COSI. The remainder of the Settlement Fund ($15 million) will be available for distribution to qualifying Class Members and to pay litigation expenses incurred to date. Settlement Class Counsel will not request a distribution for the payment of attorney fees but will request a distribution subject to Court approval to cover litigation costs incurred to date in the amount of $4,155,027.67. Settlement Class Counsel will not seek reimbursement for attorneys’ fees from the COSI Settlement, but Counsel reserves the right to seek an award of attorney fees from any monies recovered from the non-settling Defendants through settlement, trial or judgment based in part on the benefit provided by the COSI Settlement. COSI will also support the End Payer Plaintiffs with their litigation against non-settling Defendants.

Settlement Class Members who timely submitted a valid approved claim are entitled to be treated equally and receive Settlement compensation on a pro rata basis such that the Settlement Fund is exhausted. The Claims Administrator will distribute no monies until all remaining claims against non-settling Defendants in the Class Action are exhausted. If no further monies are recovered, it is estimated that Settlement Class Members will receive approximately $10.50 for every 200 cans purchased (approximate number of cans if you purchased packaged tuna weekly during the Settlement Class Period).

If the total payment for any COSI Settlement Class Member is less than $5.00, no payment will be made to the COSI Settlement Class Member. The value of the payment will remain in the Settlement Fund for further distribution.

If, after all eligible claims are paid, checks sent to eligible claimants remain unclaimed or otherwise not redeemed after 60 days from the date of the check, then Class Counsel will seek the Court’s recommendation on the distribution of any remaining funds.

To be eligible to receive a payment from the COSI Settlement, you must have completed a Claim Form and submitted it online or postmarked by the initial claims date of August 22, 2022.

If you did not submit a valid Claim Form by the initial claims date of August 22, 2022, you will not receive a payment, but you will be bound by the Court’s judgment in this case.

Payments will be made to COSI Settlement Class Members who submitted a valid and timely Claim Form after the Court grants “final approval” to the COSI Settlement and after all remaining claims against the non-settling Defendants are resolved by judgment, settlement, or trial and all appeals are resolved. If the Court approves the COSI Settlement, there will be continuing litigation and there may be a trial and appeals. It’s always uncertain whether these remaining claims and any appeals can be resolved and resolving them can take time. Please be patient.

If you excluded yourself from the COSI Settlement Class, you will no longer be bound by any trial, settlement, or judgment against COSI in this case. You will not be able to receive a payment from the COSI Settlement. You will keep the right to sue or continue to sue COSI on your own for the legal claims in this case.

No. Unless you excluded yourself from the COSI Settlement Class, you gave up the right to sue COSI for the legal claims in this case. All Court orders relating to legal claims against COSI apply to you and legally bind you. 

Unless you excluded yourself from the COSI Settlement Class, you remain a COSI Settlement Class Member. By staying in the COSI Settlement Class, all Court orders relating to legal claims against COSI apply to you and legally bind you.

The deadline to exclude yourself passed on May 13, 2022.

The deadline to object to the Settlement passed on May 13, 2022.

Objecting is telling the Court that you do not like something about the COSI Settlement. You can object only if you do not exclude yourself from the COSI Settlement. Excluding yourself is telling the Court that you do not want to be part of the COSI Settlement. If you exclude yourself, you have no standing to object because the COSI Settlement no longer affects you.

The Court has appointed the law firm of Wolf Haldenstein Adler Freeman & Herz LLP as Class Counsel on behalf of the End Payer Plaintiffs and Class Members. Their contact information is provided above in Question 15. If you wish to remain a COSI Settlement Class Member, you do not need to hire your own lawyer because Class Counsel is working on your behalf.

If you wish to pursue your own case separate from this one, or if you exclude yourself from the COSI Settlement Class, these lawyers will no longer represent you. You may need to hire your own lawyer if you wish to pursue your own lawsuit against any of the Defendants.

You will not have to pay any fees or costs out-of-pocket. Any litigation expenses awarded by the Court will be paid from the COSI Settlement Fund. Class Counsel has agreed not to seek an award of attorney fees from the COSI Settlement Fund but will seek reimbursement of litigation costs and expenses incurred up to date in the amount of $4,155,027.67. Class Counsel has further waived any right to seek attorney fees directly from the COSI Settlement. Class Counsel reserve the right to seek an award of attorney fees, subject to Court approval, from any monies recovered from the non-settling Defendants through settlement, trial, or judgment. Class Counsel further reserves the right to base, in part, any such request on the benefit obtained in the COSI Settlement.

The Court approved a partial settlement at the Fairness Hearing on July 15, 2022. For more information, you may view the Order under Important Documents.

No. Class Counsel will answer any questions the Court may have. However, you are welcome to come at your own expense. If you send an objection, you do not have to come to court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it’s not necessary.

The Hearing already took place on July 15, 2022, where the Court granted approval of partial settlement.

If you did nothing, you will not get a payment from the COSI Settlement and you gave up your right to sue or continue to sue COSI for the claims in this case.

The notice summarizes the case and the proposed COSI Settlement. You can also contact the Claims Administrator:

Tuna End Purchaser Settlement
c/o JND Legal Administration
P.O. Box 91442
Seattle, WA. 98111

info@TunaEndPurchaserSettlement.com
866-615-0977