Learn How This Litigation Affects Your Rights and Get Answers to Your Questions About the Litigation
If you purchased Mariani’s Seven-Ounce Packages of Vanilla Yogurt Raisins anywhere in Missouri State between November 14, 2017, and April 18, 2024, a class-action lawsuit may affect your legal rights.
Diesel v. Mariani Packing Company, Inc.
Case No. 4:22-cv-01368-AGF (E.D. Mo.)
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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI
If you purchased Mariani’s Seven-Ounce Packages of Vanilla Yogurt Raisins anywhere in Missouri State between November 14, 2017, and April 18, 2024, a class-action lawsuit may affect your legal rights.
A federal court directed this Notice.
This is not a solicitation from a lawyer. You are not being sued.
- A purchaser of Mariani’s seven-ounce packages of Vanilla Yogurt Raisins in Missouri has sued Mariani Packing Company, Inc. (the “Defendant”). The Plaintiff alleges that the Defendant misleadingly under-filled their seven-ounce package of Mariani Premium Vanilla Yogurt Raisins (the “Product”) such that the package is only filled to 42% capacity with Vanilla Yogurt Raisins and contains 58% empty space. This practice of under-filling, known as slack filling, is alleged to be misleading because the value of the Product is materially less than its value represented by Defendant.
- Defendant denies these allegations.
- The Court has allowed the lawsuit to proceed as a class action, which means that the named plaintiff will be representing the “Class,” or group of people, that could include you. This class is defined as “All persons who purchased the Vanilla Yogurt Raisins in seven-ounce packages sold by Mariani Packing Company, Inc. (“Defendant”) in Missouri between November 14, 2017, and April 18, 2024, excluding the judge or magistrate assigned to this case; Defendant; any entity in which Defendant has a controlling interest; Defendant’s officers, directors, legal representatives, successors, and assigns; and person who purchased the Product for the purpose of resale.”
- The Court has not decided whether the Defendant did anything wrong. There are no benefits or money available now, and no guarantee that there will be. However, your legal rights are affected if you are a member of the Class, and you have a choice to make now.
- Your options—and the deadlines to exercise them—are explained in this Notice. If you believe that you are a member of the Class and wish to be excluded, you must act by August 10, 2024.
- Lawyers must prove the claims against the Defendant at trial. If money or benefits are obtained on behalf of the Class, either through a settlement or after a trial, you will be notified about how to request a share.
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YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT
| DO NOTHING | Stay in this lawsuit. Await the outcome. Give up certain rights. By doing nothing, you keep the possibility of getting money or benefits that may come from a trial or a settlement in this case. But you give up any right to sue Defendant separately on any claim that is or could have been included in this lawsuit. |
| EXCLUDE YOURSELF (NO LATER THAN AUGUST 9, 2024) |
Get out of this lawsuit. Get no benefits from it. Keep your rights. If you ask to be excluded from the lawsuit and money or benefits are later awarded, you won’t share in those, but you keep any right to sue Defendant separately on the claims in this lawsuit |
These rights and options—and the deadlines to exercise them—are explained in the Notice.