Product Liability Class Action Claims Administration

Americans spend more than $10 trillion a year on consumer products, from food and transportation to technology and luxury goods. Consumer spending accounts for 70% of our Gross Domestic Product. And with that level of volume, companies sometimes fail to live up to consumer expectations and can even find themselves facing consumer class action lawsuits. These lawsuits include defects, mislabeling, and unfair or deceptive trade practices among others. Thousands of product liability cases are resolved with individuals and as class actions each year.

Given the complexity of consumer class actions and the high visibility that often comes with these cases, an experienced claims administrator is an essential partner. For more than 50 years, Heffler has served as a neutral claims administrator in these matters to ensure transparency regarding settlement administration requirements, brand protection, and stakeholder expectations. We have extensive experience working with class counsel, companies and their counsel in the successful administration of consumer and product liability settlements. Our goal is to make the class action claims process go as smoothly as possible. No area of product liability is too complex for Heffler’s industry-leading team. Our considerable experience in product liability includes cases involving food and beverage, pet supplies, building materials, technology, medical devices, and much more.  

Product Liability Class Action Administrative Services

Heffler Claims Group offers unparalleled technology and expertise in the administration of your product liability class action. Working with us as a neutral settlement administrator ensures the transparency, professionalism, and expediency expected by stakeholders, the courts, and class members alike. As one of the most experienced full-service teams in the industry, we are equipped to handle every aspect of the notice and administration in-house, including:

• Pre-settlement consultation
• Website design
• Notice media
• Claims processing
• Contact centers
• Escrow
• Product liability class action settlement and distribution

First and foremost, we are creative problem-solvers. Heffler understands the challenges faced, from getting your class action certified the first time around to combating fraud. We provide rigorous analysis to ensure your notice plan complies with Rule 23’s requirements. Our media team uses sales data and demographic data to inform the class notification inquiry. Our goal is to take a proactive approach that solves problems before they arise.

Heffler Product Liability Case Experience

Some of the product liability cases we’ve administered include:

• Canada Dry Ginger Ale – In several original lawsuits, plaintiffs alleged Canada Dry mislabeled their product with the words “Made from Real Ginger,” arguing that this claim values the products at a higher cost when the products only contain less than two parts per million of ginger flavor extract and other flavors. Heffler Claims Group administered both the 49-state settlement and the California based federal settlement simultaneously. Within one week, Heffler revamped the settlement website and interactive voice response (IVR) scripts to encompass both cases in one spot, mitigating the risk of confusion for class members looking for more information and to file claims. These new assets and the combination of the two cases into one administration plan was completed within the timeline set by the 49-state case and well ahead of the timeline for the federal case. The class action was granted final approval on April 10, 2019 and settlement payouts began on July 5, 2019.

• Dacia Trentham v. Taste of Nature – Taste of Nature agreed to settle a class action lawsuit alleging its cookie dough bites products sold between January 2013 and June 2018 violated the law by packaging the food in oversized cardboard containers with too much empty space. The company admitted no wrongdoing but agreed to settle to avoid further litigation. Claimants received up to $12.50 per check. Heffler Claims Group successfully administered the consumer class action and the settlement received final approval on October 24, 2018.

• Pet Food Products – Plaintiffs alleged that Menu Foods sold and distributed “defective” pet food that contained toxic substances that led to severe health problems and the death of their pets, resulting in the approval of a $24 million class action settlement. As claims administrator, Heffler Claims Group mailed over 34,000 notices and proofs of claim to potential class members in the US and Canada. We created a comprehensive and informative website available in English, Spanish, and French Canadian. After receiving 25,590 claim forms, we evaluated the credibility of the claims and ultimately mailed out 19,994 distribution checks.  

Additional Consumer and Product Liability Cases

Heffler Claims Group’s experience in administering large product liability settlements includes other notable litigations:

• Kumar v. Salov North America Corp. Class Action Settlement, Case No. 4:14-cv-02411-YGR, United States District Court – Northern District of California – Oakland Division

• Blue Buffalo Co. Ltd. Marketing and Sales Practices Litigation, 4:14 MD 2562 RWS, U.S. District Court for the Eastern District of Missouri – Eastern Division

• Townsend v Blue Diamond Growers, CV 14-958-4, Circuit Court of Washington County, Arkansas – Civil Division

• Diana Jill Miloro, et al. v. Van’s Food International Inc., Case No. 15PH-CV00642, Circuit Court of Phelps County, Missouri

• Amber Teufel v. Karlin Foods Corporation, Case No. 1:14-cv-23100, U.S. District Court for the Southern District of Florida, Miami-Dade County Division

• Robbins v Gencor Nutrients, Inc., Case No. 16AC-CC00366, Circuit Court Of Cole County, Missouri

• Angela Barnes, et al. v. River North Foods Inc., Case No. 16-L-459, St. Clair County Circuit Court, Illinois

• Andrew Tyler Foster, et al. v. L-3 Communications EOTech Inc., Case No. 6:15-cv-03519-BCW, in the U.S. DistrictCourt for the Western District of Missouri

• Danny Sozzi et al. v. Provide Commerce, Inc. d/b/a ProFlowers, Case No. BC513925, in the California Superior Court for the County of Los Angeles

• Sarah Martin, et al. v. Starbucks Corp., et al., Case No. BC582335, in the Superior Court of the State of California for the County of Los Angeles

• Cynthia E. Spann v. J.C. Penney Co. Inc. et al., Case No. 8:12-cv-00215, in the U.S. District Court for the Central District of California

• In re: Building Materials Corp. of America Asphalt Roofing Shingle Products Liability Litigation, MDL No. 8:11-mn-02000, In the United States District Court for the District of South Carolina

• In re: Elk Cross Timbers Decking Marketing, Sales Practices and Product Liability Litigation, MDL No. 2577, in the United States District Court for the District of New Jersey

Request a proposal from Heffler Claims Group to determine the costs and benefits of working with us to run the administration of your next consumer class action lawsuit.