You received a notice because you or your company may have purchased Packaged Tuna (canned or pouched tuna) directly from Bumble Bee, Chicken of the Sea, StarKist, or Thai Union Group from June 1, 2011 through July 31, 2015.  You have the right to know about your rights or options with the ongoing litigation with the Non-Settling Defendants. The Court in charge of this case is the United States District Court for the Southern District of California (the “Court”).  The case is called In Re: Packaged Seafood Products Antitrust Litigation, No. 15-MD-2670 DMS (MDD), MDL No. 2670. 

The ongoing litigation is between the DPPs and StarKist, DWI, Lion Capital, Big Catch, and Lion (Americas).  Bumble Bee declared bankruptcy.  A settlement was reached between the DPPs and the Settling Defendants.  The claims deadline for that settlement has since passed and payments will be distributed at an appropriate time in the future. The Court has not yet decided whether Defendants engaged in the wrongdoing alleged by the DPPs, or, even assuming the DPPs’ allegations are true, whether the alleged wrongdoing harmed the DPPs. 

The Court has indicated that it intends to set dates for the trial in the near future.  If the DPPs can prove their claims at trial and can demonstrate that Defendants’ conduct harmed the DPPs, then the Court will treble the damages awarded by the jury and award attorneys’ fees and costs in an amount determined by the Court. If DPPs prevail, DPPs may also seek a discretionary amount of pre-judgment interest. 

DPPs allege that Non-Settling Defendants, Bumble Bee, and Settling Defendants conspired to fix, raise, and maintain the prices that direct purchasers paid for Packaged Tuna and that, as a result, members of the Litigation Class paid more than they otherwise would have.  Non-Settling Defendants, Bumble Bee, and Settling Defendants have denied all liability for the alleged conduct and/or assert that their conduct was lawful or exempt from the antitrust laws, or that their conduct did not cause injury, among other defenses.  There has been no determination yet of whether or not Defendants engaged in the wrongdoing alleged by the DPPs, or, even assuming the DPPs’ allegations are true, whether the alleged wrongdoing harmed the DPPs. DPPs reached a settlement with Settling Defendants.  

Please register here to receive updates regarding the progress of the litigation.  This website will be updated as circumstances change, so check back regularly for updates. 

You are a Litigation Class Member if you or your company directly purchased Packaged Tuna Products (excluding tuna salad kits and cups and salvage purchases) within the United States, its territories and the District of Columbia from Bumble Bee, Chicken of the Sea, StarKist, or Thai Union Group at any time between June 1, 2011 and July 31, 2015. Packaged Tuna Products means shelf-stable tuna sold for human consumption and packaged in either cans or pouches.  Excluded from the Litigation Class are all governmental entities; Non-Settling Defendants, Bumble Bee, and Settling Defendants and any parent, subsidiary, or affiliate thereof; Non-Settling Defendants’, Bumble Bee’s, and Settling Defendants’ officers, directors, employees, and immediate families; and any federal judges or their staffs.

If you are still not sure if you are included in the Litigation Class, please review the detailed case information here. You may also call toll-free at 1-866-615-0970.

Yes.  The Court has appointed Hausfeld LLP as Class Counsel.  Their contact information is provided below.  If you wish to remain a Litigation 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 Litigation 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 the Non-Settling Defendants.
 

If you stay in the Litigation Class, you do not need to hire your own lawyer because Class Counsel is working on your behalf.  However, if you want to be represented by your own lawyer, you may hire one at your own expense and cost.  Class Counsel is available to discuss your options with you or your counsel if you have any questions or uncertainty about how you should proceed.

Excluding yourself or opting out of the Litigation Class means you remove yourself from the Litigation Class.  You will not be bound by the outcome of any trial or judgment.  You will keep your right to sue or continue to sue Defendants for the claims in this case on your own.  Class Counsel will no longer represent your interests in this litigation.  You will not receive payment from the litigation with the Non-Settling Defendants. 

If you have a pending lawsuit against any of the Non-Settling Defendants involving the same legal issues in this case, speak to your lawyer in that case immediately.  

Each of the Non-Settling Defendants may be held jointly and severally liable for the conduct of every Non-Settling Defendant, Bumble Bee, and the Settling Defendants, if each or any of the Non-Settling Defendants is found liable for the alleged claims.  

To exclude yourself from the Litigation Class, your Request for Exclusion must include: (a) the name (including any formerly known names, doing business as names, etc.), address and telephone number of the person(s) or company(ies) seeking exclusion; and (b) a signed statement that “I/we hereby request that I/we be excluded from the Direct Purchaser Litigation Class in the In re Packaged Seafood Products Antitrust Litigation.”  You must specifically identify each entity that you wish to exclude from the Litigation Class in order for the exclusion to be effective. You must mail your Request for Exclusion, postmarked by June 12, 2023, to: 

Tuna Direct Purchaser Litigation – EXCLUSIONS 
c/o JND Legal Administration
PO Box 91457
Seattle, WA 98111 

You may stay in the Litigation Class even if you have resolved your claims with any of the Non-Settling Defendants and released them from liability.  However, you must advise the Notice Administrator of the entities with which you have released your claims, or you may be in breach of your settlement agreement.  To the extent that any of the Non-Settling Defendants that you have not released from liability are found to have participated in the collusive conduct described above, those entities are jointly and severally liable for any damages proven at trial.  If you stay in the Litigation Class, but believe that you have released one or more of the Non-Settling Defendants your claims, you must notify the Notice Administrator of the Non-Settling Defendants that you have released in a writing postmarked by the Exclusion deadline. If you want advice about your options, please contact the Notice Administrator or Class Counsel.

To learn more about how to file an exclusion request, or how to notify the Notice Administrator of Non-Settling Defendants against whom you have released claims, please see FAQ 8.
 

If you do nothing, you will remain a member of the Litigation Class. As a member of Litigation Class, you will be represented by the Class Counsel, and you will not be charged out-of-pocket fees or expenses for Class Counsel’s services. You will also be legally bound by all of the orders the Court issues and judgments the Court makes in this class action.  You will give up your right to sue or continue to sue the Defendants on your own for your claims in this case.

A trial date has been set for July 15, 2024.  You do not have to attend the trial if you remain in the Litigation Class and do not exclude yourself.  Class Counsel will present the case for the Litigation Class.  If the DPPs prove their claims at trial and demonstrate that the alleged wrongdoing harmed the DPPs, the Court will treble the damages awarded by the trier-of-fact and award attorneys’ fees and costs in an amount determined by the Court. If DPPs prevail, they may also seek a discretionary amount of pre-judgment interest.

Please register for updates here.  For more detailed information about the case, visit the case website, call 1-866-615-0970, or speak with Class Counsel directly at:
Hausfeld LLP
600 Montgomery Street, Suite 3200
San Francisco, CA 94111
415-633-1908
PackagedTuna@Hausfeld.com

If you have any questions about this Notice, please do not hesitate to call 1-866-615-0970 or email Class Counsel directly at PackagedTuna@Hausfeld.com.
 

You received a notice because your business may have purchased Packaged Tuna (canned or pouched tuna) directly from one or more of the Defendants from June 1, 2011 through July 31, 2015. You have the right to know about your rights or options in the Settlement.

The Court in charge of this case is the United States District Court for the Southern District of California (the “Court”). The case is called In Re: Packaged Seafood Products Antitrust Litigation, No. 15-MD-2670 DMS (MDD), MDL No. 2670.

Certain Direct Purchaser Plaintiffs―the named Class Representatives: Olean Wholesale Grocery Cooperative, Inc., Pacific Groservice Inc. d/b/a PITCO Foods, Piggly Wiggly Alabama Distributing Co., Inc., Howard Samuels as Trustee in Bankruptcy for Central Grocers, Inc., Trepco Imports and Distribution Ltd., and Benjamin Foods LLC―sued on behalf of a class. The companies they sued are called the Defendants and include Chicken of the Sea and Thai Union, Bumble Bee Foods LLC, StarKist Co., Dongwon Industries Co. Ltd., and Lion Capital (Americas), Inc.

A Settlement has been reached with Chicken of the Sea and Thai Union only (“Settling Defendants”). The Direct Purchaser Plaintiffs will continue their lawsuit against StarKist Co., Dongwon Industries Co. Ltd., and Lion Capital (Americas), Inc. (“non-settling Defendants”). Bumble Bee Foods LLC is in bankruptcy. A trial date has not yet been scheduled.

Direct Purchaser Plaintiffs allege that Defendants conspired to fix, raise, and maintain the prices that direct purchasers paid for Packaged Tuna and that, as a result, members of the Class paid more than they otherwise would have. Defendants have denied all liability for this conduct and/or assert that their conduct was lawful or exempt from the antitrust laws, or that their conduct did not cause injury, among other defenses. The Court has not decided who is right.

The Direct Purchaser Plaintiffs have reached a Settlement with Chicken of the Sea and Thai Union. While these Settling Defendants deny all allegations, they have agreed to settle this action to avoid the uncertainties and risks of further litigation. The Direct Purchaser Plaintiffs’ lawsuit is proceeding against non-settling Defendants.

In a class action lawsuit, one or more persons 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 Direct Purchaser Plaintiffs or the Settling Defendants. Trials involve risks to both sides; therefore, Direct Purchaser Plaintiffs and the Settling Defendants have agreed to settle the case. The Settlement requires Chicken of the Sea and Thai Union to pay money to members of the Settlement Class. Direct Purchaser Plaintiffs and their attorneys believe the Settlement is in the best interests of the Settlement Class. The lawsuit is proceeding against the non-settling Defendants.

You are a Settlement Class Member if you or your company directly purchased Packaged Tuna Products (excluding tuna salad kits and cups and salvage purchases) within the United States, its territories and the District of Columbia from any Defendant at any time between June 1, 2011 and July 31, 2015. Packaged Tuna Products means shelf-stable tuna sold for human consumption and packaged in either cans or pouches. Excluded from the Settlement Class are all governmental entities; Defendants and any parent, subsidiary, or affiliate thereof; Defendants’ officers, directors, employees, and immediate families; and any federal judges or their staffs.

While the Settlement is only with Chicken of the Sea and Thai Union, the Settlement Class includes persons (including businesses and companies) who purchased Packaged Tuna from any of the Defendants. If you are a Settlement Class Member and did not exclude yourself, you will be eligible to participate in any monetary distributions to qualified Settlement Class Members and you will be bound by the results of the Settlement.

If you are still not sure if you are included in the Settlement Class, please review the detailed case information available on this Settlement website. You may also call the Claims Administrator at 1-866-615-0970.

The Court has appointed Hausfeld LLP as Class Counsel. Their contact information is provided below. If you wish to remain a Settlement Class Member, you do not need to hire your own lawyer because Class Counsel is working on your behalf.

You may contact Class Counsel at:

Hausfeld LLP
600 Montgomery Street, Suite 3200
San Francisco, CA 94111
415-633-1908

PackagedTuna@Hausfeld.com

If you wish to pursue your own case separate from this one, or if you excluded yourself from the 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 the Defendants.

You will not have to pay any attorneys’ fees or costs out-of-pocket. Under the Settlement, Attorneys’ fees and litigation expenses have been determined by an arbitrator in the amount of $4,410,636.71 in past out of pocket expenses and fees of $1,539,363.29, for a total of $5.95 million. This amount is subject to final approval by the Court and will be paid separately from the Settlement Fund. Class Counsel’s motion for approval of their fees and costs will be posted on the case website prior to the deadline for objections.

Class Counsel is compensated on a contingent fee basis and any further compensation will only occur if there are further class settlements or a class-wide judgment against any non-settling Defendants.

The Settling Defendants will pay a Settlement Amount calculated as 3.20% of the combined Chicken of the Sea and Thai Union sales of Packaged Tuna Products to Class Members between June 1, 2011 and July 31, 2015.

When calculating the Settlement Amount, sales to individuals that opt out or exclude themselves from the Settlement Class will not be included.

The Settling Defendants will also pay legal fees and costs in addition to and separate from the Settlement Amount as explained In FAQ 8.

Settlement Class Members who make a claim will be entitled to receive cash, with the actual amount received depending on the number of claims and the volume of commerce represented in those claims. Using an online portal, Settlement Class Members will be able to check their claim volume, and in the event that their own data suggests that a different claimed volume of commerce is appropriate, they can provide that information, and it will be considered by the Claims Administrator, subject to audit.

Additionally, a portion of the Settlement Amount may be used by the Claims Administrator to administer notice and to administer the distribution of Settlement proceeds, as well as to pay Service Awards to the named Class Representatives for their work in the case. The Claims Administrator currently estimates its costs will be approximately $100,000.00. Class Counsel intend to ask the Court to approve Service Awards in the amount of $5,000.00 for each of the Class Representatives.

To the extent there are any undistributed funds following an initial distribution to Settlement Class Members, the Claims Administrator, upon the recommendation of Class Counsel and approval by the Court, will either make subsequent distributions to Settlement Class Members, or, if it is infeasible to do so in light of the amount of undistributed funds and the costs of Administration, will distribute those funds to the Center for Public Interest Law at the University of San Diego School of Law.

Class Counsel does not intend to distribute any proceeds from the Settlement to qualifying Settlement Class Members at this time. Instead, they intend to combine any distribution of the Settlement proceeds with proceeds from future settlements or other recoveries in the litigation with non-settling Defendants. In the event that Class Counsel determine that distribution should proceed at an earlier time, they will seek approval of the Court before doing so.

Please register on this case website for updates. This case website will be updated as circumstances change, so check back regularly.

If you do nothing, you will remain a member of the Settlement Class, and you can participate in any recoveries pursuant to the Settlement with the Settling Defendants.

Please register here for updates.

Unless you excluded yourself from the Settlement Class, you are staying in the Settlement Class. By staying in the Settlement Class, you can’t sue, continue to sue, or be part of any other lawsuit against Settling Defendants that makes claims based on the same legal issues alleged or could have been alleged in this case. All Court orders will apply to you and legally bind you.

The Released Claims are detailed in the Settlement Agreement, available on the Important Documents page.

Excluding yourself or opting out of the Settlement Class means you removed yourself from the Settlement and its benefits and releases. If you have a pending lawsuit against any of the Settling Defendants involving the same legal issues in this case, speak to your lawyer in that case immediately.

The deadline to exclude yourself passed on April 28, 2022.

The deadline to object to the Settlement passed on April 28, 2022.

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

The Court held a Fairness Hearing on October 7, 2022 and extended the claims filing deadline to January 6, 2023.

No, you were not required to attend the Hearing that took place on October 7, 2022.

The Hearing took place on October 7, 2022.

Please register for updates here. For more detailed information about the case, please review the case website, call 1-866-615-0970, or speak with Class Counsel directly at:

Hausfeld LLP
600 Montgomery Street, Suite 3200
San Francisco, CA 94111
415-633-1908
PackagedTuna@Hausfeld.com

If you have any questions about the Notice, please do not hesitate to call 1-866-615-0970 or email Class Counsel directly at PackagedTuna@Hausfeld.com