In Re: Packaged Seafood Products Antitrust Litigation
United States District Court for the Southern District of California Case No. 15-MD-2670 DMS (MDD)
If you bought Foodservice-Size Packaged Tuna Products (40 oz or greater) from DOT Foods, Sysco, US Foods, Sam’s Club, Wal-Mart, or Costco from June 2011 through December 2016, your rights may be affected by an ongoing class action litigation.
A federal court authorized this website. This is not a solicitation from a lawyer.
A lawsuit is pending 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).
The lawsuit claims that from June 2011 to December 2016, Defendants Tri-Union Seafoods LLC d/b/a Chicken of the Sea International (“COSI”) and Thai Union Group PCL (“TUG”) (together, “COSI Defendants” ), StarKist Co. (“StarKist”) and its parent company, Dongwon Industries Co. Ltd (“DWI”), and Bumble Bee Foods, LLC (“Bumble Bee”), Lion Capital LLP (“Lion Capital”), Lion Capital (Americas), Inc. (“Lion America”), and Big Catch Cayman LP (“Big Catch”) 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 a class of all persons and entities who reside in the District of Columbia and in the states of Arizona, Arkansas, California, Florida, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, West Virginia, and Wisconsin (referred to as the “Commercial Food Preparer” or “CFPs”) who indirectly purchased packaged tuna products produced in packages of 40 ounces or more that were manufactured by any Defendant (or any current or former subsidiary or any affiliate thereof) and that were purchased directly from DOT Foods, Sysco, US Foods, Sam’s Club, Wal-Mart, or Costco (other than inter-company purchases among these distributors) from June 2011 through December 2016 (the “Class Period”). On April 8, 2022, the Ninth Circuit Court of Appeals affirmed the District Court’s order certifying a class for litigation (the “Litigation Class”). On November 14, 2022, the United States Supreme Court denied StarKist’s petition to appeal the Ninth Circuit’s decision, allowing the District Court’s order certifying the Class to stand.
The Court has not decided whether Defendants alleged wrongdoing had any impact on the CFPs. Defendants deny the Commercial Food Preparer Plaintiffs' allegations and have asserted defenses to their claims.
COSI Defendants settled with the Commercial Food Preparer Plaintiffs to avoid litigation risks, costs, and inconvenience. Notice about the COSI Defendants' settlement was already issued. This website update has a dual purpose: to inform Settlement Class Members about the certification of the Litigation Class pursuing claims against the Non-Settling Defendants and of their opportunity to opt out of that class, if they choose to do so, and also to inform Settlement Class Members that the claims process for the COSI Defendants' settlement is beginning now.
Bumble Bee filed for bankruptcy protection. The litigation is continuing with StarKist, DWI, Lion Capital, Lion America, and Big Catch (the “Non-Settling Defendants”). The Court has indicated that it intends to set dates for the trial in the near future. Payments for the COSI Defendants' settlement will be distributed after the trial with Non-Settling Defendants.
Your legal rights are affected whether you act or don’t act. Please read this website carefully.
YOUR LEGAL RIGHTS AND OPTIONS IN THE PENDING CLASS ACTION LITIGATION
Stay in the Litigation Class and await the outcome.
You will receive no payment from the COSI Defendant settlement if you do not file a claim in the COSI Defendant settlement and were not sent a postcard showing your purchase values.
Give up your right to sue or continue to sue the Defendants on your own for your claims in this case.
FILE A COSI SETTLEMENT CLAIM
If you want to participate in the COSI Defendant settlement, and have not received a postcard indicating your qualifying purchase values found in transactional data of DOT Foods and/or US Foods, you must file a claim by June 21, 2023.
If you file a valid and timely claim in the COSI Defendant settlement, your payment will be distributed AFTER the litigation with the Non-Settling Defendants is resolved. Please be patient.
Online or Postmarked by June 21, 2023
ASK TO BE EXCLUDED FROM THE LITIGATION CLASS (“OPT OUT”)
Remove yourself from the Litigation Class.
Keep your right to sue or continue to sue the Non-Settling Defendants for the claims in this case on your own.
Receive no payment from the litigation with the Non- Settling Defendants.
If you already opted out of the COSI Defendant settlement, and do not want to participate in the Litigation Class or any future settlements or recoveries, you DO need to file another opt-out.
Postmarked by June 21, 2023
Your rights and options—and the deadlines to exercise them—are explained on this website. The deadlines may be moved, canceled, or otherwise modified, so please check this website regularly for updates and further details.
This website is authorized by the Court, supervised by counsel and controlled by Kroll Settlement Administrators, the Settlement Administrator approved by the Court. This is the only authorized website for this case.
Packaged Seafood Products Antitrust Litigation c/o Kroll Settlement Administration P.O. Box 5324 New York, NY 10150-5324
Click here to safely and securely submit a Claim Form.
Wednesday, June 21, 2023
You must complete and mail your request for exclusion form so that it is postmarked no later than Wednesday, June 21, 2023.
Claim Form Deadline
Wednesday, June 21, 2023
You must submit your Claim Form online no later than Tuesday, Wednesday, June 21, 2023, or mail your completed paper Claim Form so that it is postmarked no later than Wednesday, June 21, 2023.