Legal Notice

NOTICE OF PENDENCY OF A CLASS ACTION

A CLASS ACTION MAY AFFECT YOUR RIGHTS IF YOU:

  1. Are a resident of Arizona, California, Colorado, Idaho, Hawaii, Nevada, New Mexico, Oregon or Washington; and
  2. Consumed Townsend Farms Organic Anti-Oxidant Blend frozen berry-mix that was both:
    • Purchased at Costco and
    • Recalled on either June 4, 2013 or June 28, 2013; and
  3. Within 14 days of consuming the recalled Townsend Farms Organic Anti-Oxidant Blend frozen berry-mix you both:
    • Learned of the need for preventive treatment and
    • Received preventive medical treatment, including a hepatitis-A vaccine or immune globulin (IG).

CLICK HERE TO DETERMINE IF YOU MEET THE ABOVE REQUIREMENTS TO BE A CLASS MEMBER.

REGISTER HERE with your up-to-date contact information if you qualify as a Class Member.

Click here to read the complete Notice of Pendency of a Class Action.

The U.S. District Court for the Central District of California, Southern Division, has allowed, or “certified,” a class action lawsuit that may affect you. The lawsuit is known as Petersen et al. v. Costco Wholesale Co. et al., Civil Action No. CV-13-01292.  The Notice of Pendency will inform you about the nature of the lawsuit, describe who is eligible to participate in the lawsuit, and explain how participation may affect your legal rights and options.

If you do not want to participate in this lawsuit, you may request exclusion. Click here to learn about your right to exclude yourself.

Description of the Lawsuit

This class action lawsuit asserts that Costco Wholesale Co., Inc. and Townsend Farms, Inc. (the “Defendants”) are liable in connection with the sale of Townsend Farms Organic Anti-Oxidant Blend frozen berry mix, which are alleged to be defective and not reasonably safe for consumption and which were subject to a recall. The lawsuit seeks to recover damages on behalf of persons who consumed the berry mix and, within 14 days of the last consumption and first learning of the need for treatment, received preventive medical treatment, including an injection of hepatitis-A vaccine or immune globulin, blood tests, and other associated preventive care. The Defendants have denied the lawsuit’s allegations. The Court has not decided if the defendants are liable or if the allegations in the lawsuit are true; however, it has decided the case can proceed as a class action, and that a trial shall occur. The Court also ruled that, if liability is shown, there can be recovery for the “costs, inconvenience, and pain associated with obtaining” the shot, but no recovery for “emotional distress due to fear of disease. ” No payment to Class Members is available at this time.

Definition of the Class

The Class is defined as follows:

All individuals who: (1) are a resident of Arizona, California, Colorado, Idaho, Hawaii, Nevada, New Mexico, Oregon or Washington; and (2) consumed Townsend Farms Organic Anti-Oxidant Blend frozen berry-mix that was both (a) purchased at Costco and (b) recalled on either June 4, 2013 or June 28, 2013; and (3) within 14 days of consuming the recalled Townsend Farms Organic Anti-Oxidant Blend frozen berry-mix both (a) learned of the need for preventive treatment and (b) received preventive medical treatment, including a hepatitis-A vaccine or immune globulin (IG).

If you are a Class Member as defined above, you will be bound by the outcome of this lawsuit unless you request in writing that the Court exclude you, which can be done by following the exclusion directions listed here.

> To clarify if you are a class member, click here to determine if you meet the above requirements.

If you are a Class Member as defined above, you will be bound by the outcome of this lawsuit unless you request in writing that the Court exclude you. Directions to request exclusion are available here.

Class Counsel

The Court appointed Class Counsel as follows: William Marler and Denis Stearns of the law firm Marler Clark, LLP, PC, 1012 1st Avenue, 5th Floor, Seattle, WA 98104. If Class Counsel gets money or benefits for the Class, they may ask the Court for fees and expenses. You will not have to pay these fees and expenses. If the Court grants Class Counsels’ request, the fees and expenses would be either deducted from any money obtained for the Class or paid separately by the Defendants.

Rights of a Class Member

In its January 25, 2016 Order, the Court certified this lawsuit as a class action for the purposes of determining the liability of the Defendants. This certification means that, as long as the case is not resolved by settlement or otherwise, Class Counsel will have to prove the claims at trial.

How to Remain a Class Member

To remain a Class Member, you are not required to do anything. If you remain a class member, you will be legally bound by the rulings of the Court. Class Members will be notified how to claim their share of a monetary award if Class Counsel prevails. If you remain in the Class, you may not pursue a lawsuit on your own against the Defendants for legal claims that are the subject of this lawsuit. By remaining in the Class, you will be represented by Class Counsel; however, if you prefer, you may have your own attorney appear on your behalf to represent you in the Class Action, at your own expense.

How to Be Excluded From This Lawsuit

If you do not wish to be a Class Member, and thus want to be excluded, which is sometimes referred to as “opting out,” you must make your request in writing. The court will exclude from the Class any member who requests exclusion.  Your request must be postmarked on or before April 13, 2018. Directions to request exclusion are available here.

If you choose to opt-out of the Class Action, the decisions of the Court and the results of trial will not be binding on you; in the event of a favorable result at trial, you will not be eligible to submit a claim to share in any award.

Do not request exclusion if you wish to remain a Class Member.

Trial

The trial is scheduled to start on July 10, 2018 at 8:30 a.m. in the U.S. District Court for the Central District of California, 411 West Fourth Street, Santa Ana, California, in Courtroom 9D. You do NOT need to attend the trial. Class Counsel will present the case for the Class. During the trial, a Jury or the Judge will hear all of the evidence to reach a decision about whether the Defendants are liable. There is no guarantee that any money or other relief will be awarded to the Class.

The date or location of the trial may change.  Updated information will be posted here.

Questions? 

Please see the contact page if you have questions about this lawsuit.

Please do NOT telephone or contact the Court or the Clerk of the Court about this notice.