UPDATE: The Court granted approval of partial settlement at the hearing on July 15, 2022.

NOTE: This website provides information for end purchasers of Canned or Pouched Tuna Products. If you are a direct purchaser who bought Packaged Tuna between June 1, 2011 and July 31, 2015, please visit www.TunaDirectPurchaserCase.com.

What is this lawsuit about?

• A proposed settlement has been reached in this antitrust class action between the EPPs and Tri-Union Seafood LLC d/b/a Chicken of the Sea International and Thai Union Group (collectively “COSI” or “Settling Defendants”) and is referred to as the COSI Settlement.
• The COSI Settlement is with COSI only and does not dismiss the Class claims against StarKist or Lion America. The EPPs’ Class Action will continue against StarKist and Lion America. A trial date has not yet been scheduled for the pending Class Action. Bumble Bee is in bankruptcy.
• If approved by the Court, the COSI Settlement will resolve the EPPs’ claims that from June 1, 2011 to July 1, 2015 COSI 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.
• COSI denies many of the allegations and has asserted defenses to the EPPs’ claims. If approved, the COSI Settlement will avoid litigation risks, costs, and inconvenience to the EPPs and COSI, and will release COSI from the claims in this case.
• COSI has agreed to pay $15 million for Class Member benefits and litigation expenses incurred to date and up to $5 million for notice and administration costs. Plaintiffs’ Counsel have agreed that no attorney fees will be paid out of the COSI Settlement. Plaintiffs’ Counsel do reserve the right to seek fees and any unreimbursed expenses out of any future settlement or judgment with the non-settling defendants based in part on the benefit provided to Class Members in the COSI Settlement.

Am I a member of the COSI Settlement Class?

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.

As an eligible COSI Settlement Class Member, what kind of payment can I get?

Settlement Class Members who timely submit 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.

How do I get a payment?

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

If you do 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.

If you are a Settlement Class Member, your rights will be affected whether you act or not. Please read below to see what your rights and options are in connection with this Class Action Lawsuit.