Frequently Asked Questions

This case involves all Poppi beverages, including all flavors and package sizes (the “Products”) purchased for household use and not for resale or distribution in the United States between January 23, 2020 and July 18, 2025.

For purposes of Settlement only, the Court has conditionally certified the following Settlement Class: “All persons in the United States who, between January 23, 2020 and July 18, 2025, purchased in the United States, for household use and not for resale or distribution, one or more of the Products.” Excluded from the Class are: (1) the Honorable Judge Haywood S. Gilliam, Jr., the Honorable Maxine M. Chesney, Magistrate Judge Sallie Kim, the Honorable Jay C. Gandhi (Ret.), and any member of their immediate families; (2) any government entity; (3) Poppi; and (4) any persons who timely opt-out of the Settlement.

If the Settlement does not become effective (for example, because it is not finally approved, or the approval is reversed on appeal), then this lawsuit will continue.

Plaintiffs brought this lawsuit alleging Defendant improperly marketed and labeled the Products with “gut healthy” representations. Plaintiffs allege that, as a result, consumers purchased Products that they would not have otherwise purchased and/or paid more for the Products as a result of the “gut healthy” claims.

Defendant denies there is any factual or legal basis for Plaintiffs’ allegations. Defendant contends that its Product labeling is truthful and accurate, denies making any misrepresentations and, therefore, denies any liability. Defendant also denies that Plaintiffs or any other members of the Class have suffered any injury or are entitled to monetary or other relief.

The Court has not determined who is correct.

This lawsuit was originally filed on May 29, 2024, in the Northern District of California. Defendant filed a motion to dismiss Plaintiffs’ claims on September 23, 2024. The Plaintiffs opposed. The Court has not decided the motion to dismiss.

Counsel for both Plaintiffs and Defendant have determined, as with any lawsuit, that there is risk in continuing the litigation. Among the risks of continued litigation for Plaintiffs are the risks of failing to prove liability or restitution and damages on a class-wide or individual basis. In particular, there may be difficulties establishing: (1) that Defendant’s statements on the Product labels (and other advertising and marketing materials), as challenged by Plaintiffs, were likely to deceive reasonable persons; (2) that the alleged misrepresentations and omissions were material to reasonable persons; and (3) that damages or restitution should be awarded or, if so, that the amount of the award would be more than nominal.

On December 4, 2024, the Parties participated in an all-day mediation conducted by Honorable Jay Gandhi (Ret.), at JAMS. After considering the risks and costs of further litigation, the Parties have concluded that it is desirable to settle Plaintiffs’ claims on the terms of the Settlement Agreement.

Plaintiffs and their counsel believe that the terms and conditions of the Settlement are fair, reasonable, adequate, nd equitable, and that the Settlement is in the best interest of the Class Members. The Settlement creates a Settlement Fund of $8,900,000 and allows Class Members to file a Claim to obtain a Class Payment up to as follows: seventy-five cents ($0.75) per Single Can Unit of the Product purchased; three dollars ($3.00) per 4-pack Unit of the Product purchased; six dollars ($6.00) per 8-pack Unit of the Product purchased; and nine dollars ($9.00) per 12-pack or 15-pack Unit of the Product purchased. This exceeds the damages that might be recovered at trial on a per-Unit basis. Furthermore, even if Plaintiffs succeeded at trial, it would be necessary for Class Members to make claims, because Defendant does not have records identifying the Class Members.

Class Members may file Claims to obtain a Class Payment for Products purchased between January 23, 2020 and July 18, 2025, regardless of the price the Class Member paid.  All Approved Claims will be paid according to the following procedures:

(a) Settlement Class Members who submit an Approved Claim shall receive up to the following: seventy-five cents ($0.75) per Single Can Unit of the Product purchased; three dollars ($3.00) per 4-pack Unit of the Product purchased; six dollars ($6.00) per 8-pack Unit of the Product purchased; and nine dollars ($9.00) per 12-pack or 15-pack Unit of the Product purchased, subject to the restrictions set forth below, though the Class Payment may be reduced or increased depending upon the number of Approved Claims and the amount of the Settlement Fund devoted to other costs, such as Administrative and Notice Costs, Attorneys’ Fees and Costs, and Service Awards to the Class Representatives. “Single Can Unit” means a single quantity of a 12-ounce or 16-ounce can of the Products as sold at retail; “4-pack Unit” means a single quantity of a 4-pack of the Products as sold at retail; “8-pack Unit” means a single quantity of an 8-pack of the Products as sold at retail; “12-pack Unit” means a single quantity of a 12-pack of the Products as sold at retail; and “15-pack Unit” means a single quantity of a 15-pack of the Products as sold at retail.

(b)  Class Member who does not provide valid Proof of Purchase may recover a maximum Class Payment of sixteen dollars ($16.00), per Household.  A “Household” means any number of persons occupying the same dwelling unit.

(c) All Claims submitted from the same Household shall be treated as a single Claim including for purposes of determining the maximum Class Payment without Proof of Purchase.

“Proof of Purchase” means a receipt or other documentation from a third-party commercial source (i.e., a store or online retailer) that reasonably establishes the fact and date of purchase of Products by a Class Member between January 23, 2020 and July 18, 2025.

Claims will be paid as a Class Payment only if the claim is deemed valid and only after the Court approves the Settlement.

To make a Claim, you must fill out the Claim Form available [here]. You can submit the Claim Form online, or you can print it and mail it to the Settlement Administrator at: In re VNGR Beverage, LLC Litigation Settlement Administrator, P.O. Box 301134, Los Angeles, CA 90030-1134. If submitted online, Claim Forms must be submitted no later than September 16, 2025. If mailed, Claim Forms must be postmarked no later than September 16, 2025. Class Payments for Approved Claims will be issued only if the Court gives final approval to the proposed Settlement and after the final approval is no longer subject to appeal. Please be patient as this may take months or even years in the event of an appeal.

Filing a Claim does not provide a guaranteed Class Payment to you. A Final Approval Hearing will be held on November 20, 2025 at 2:00 p.m. If the Court approves the Settlement and there are no appeals, then Class Payments on Approved Claims will be distributed within 90 days after the Settlement is no longer subject to appeal or review, unless otherwise ordered by the Court. If the Court does not approve the Settlement, or if the Settlement is overturned on appeal, no Class Payments will be issued.

To date, Plaintiffs’ lawyers have not been compensated for any of their work on this case. Plaintiffs’ lawyers will present evidence to the Court that they have spent nearly [XX] hours litigating this case. In addition, Plaintiffs’ lawyers will present evidence that they have paid out-of-pocket expenses (including filing fees, service costs, and copying costs) of more than $[  ]. None of these expenses has yet been reimbursed. As part of the Settlement, Plaintiffs’ lawyers may apply to the Court to award them up to 30% of the Settlement Fund to pay their attorneys’ fees and approximately $[  ] in out-of-pocket expenses.  Defendant has reserved the right to object to an award of fees, at its discretion.

In addition, each of the named Plaintiffs in this case may apply to the Court for a Service Award of $5,000 each, for a combined total of not more than $15,000. These payments are designed to compensate the Plaintiffs for the time, effort, and risks they undertook in pursuing this litigation and for executing a broader release of claims than other Class Members.

Plaintiffs and their lawyers will file a motion with the Court in support of their applications for Attorneys’ Fees and Costs and payment of Service Awards to the Plaintiffs. A copy of that motion will be available on the Website. The Court will determine what amounts of fees, costs, expenses, and Service Awards to award.

The award of Attorneys’ Fees and Costs will be paid to Plaintiffs’ lawyers within 30 days after the Effective Date of the Settlement. You may object to the award of attorneys’ fees by filing an objection no later than September 26, 2025, by filing a written objection in the manner described in Section 10 below.

If you are a Class Member and you do not Opt Out from the Settlement, you will be legally bound by all orders and judgments of the Court, and you will also be legally bound to release the Released Claims as provided in the Settlement, even if you do not file an Approved Claim or receive a Class Payment. This means that in exchange for being a Class Member and being eligible for the Class Payment, you will not be able to sue, continue to sue, or be part of any other lawsuit against VNGR Beverage, LLC d/b/a Poppi and/or any of the Released Persons that involves the marketing, labeling, or formulation of the Products from January 23, 2020 to the present.

You will not be responsible for any out-of-pocket costs or attorneys’ fees concerning this case if you stay in the Class.

Staying in the Class means that you agree to the following terms of the Settlement that describe exactly the legal claims that you give up:

(a) As of the Effective Date, Class Members release and forever discharge and covenant not to sue, and are permanently enjoined from suing the Released Persons, including Poppi and each of its past, or present or future direct or indirect parents, subsidiaries, divisions, affiliates and related entities, stockholders, shareholders, officers, directors, partners, insurers, investors, employees, agents, attorneys, advisors, consultants, joint venturers, independent, contractors, wholesalers, resellers, distributors, retailers, related companies, divisions, and any of their legal representatives (and the predecessors, heirs, executors, administrators, successors, purchasers, and assigns of each of the foregoing) from the Released Claims. “Released Claims” means any and all claims, demands, actions, causes f action, lawsuits, arbitrations, damages, liabilities, or penalties, whether federal or state, known or unknown, asserted or unasserted, regardless of legal theory, legal, equitable, or otherwise, that were or could have been asserted in the Consolidated Action or that arise out of or relate to the labeling, advertising, or formulation of the Products between January 23, 2020 and July 18, 2025. The Released Claims shall not release any Class Member’s rights to enforce this Agreement. The Released Claims shall not release any Class Member’s personal injury claims.

(b) With respect to the Released Claims, the Class Member expressly waives and relinquishes, to the fullest extent permitted by law, the provisions, rights, and benefits of California Civil Code § 1542, or any other similar provision under federal or state law. The Class Member understands that California Civil Code § 1542 states:

GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

(c) The Class Member expressly waives and relinquishes any and all rights and benefits that they may have under, or that may be conferred upon them by, the provisions of Section 1542 of the California Civil Code, or any other law of any state or territory that is similar, comparable, or equivalent to Section 1542, to the fullest extent that they may lawfully waive such rights or benefits pertaining to the Released Claims. In connection with such waiver and relinquishment, the Class Member hereby acknowledges that they are aware that they or their attorneys may hereafter discover claims or facts in addition to or different from those that they now know or believe exist with respect to the Released Claims, but that it is their intention to hereby fully, finally, and forever settle and release all of the Released Claims known or unknown, suspected or unsuspected, that they have against the Released Persons. In furtherance of such intention, the release herein given by the Class Member to the Released Persons shall be and remain in effect as a full and complete general release notwithstanding the discovery or existence of any such additional different claims or facts. Each Releasing Person and Released Person expressly acknowledges that he/she/it has been advised by his/her/its attorney of the contents and effect of Section 1542, and with knowledge, each of the Releasing Persons and Released Persons hereby expressly waives whatever benefits he/she/it may have had pursuant to such section. Plaintiffs and Class Members shall be deemed by operation of the Final Approval Order and Final Judgment to have acknowledged that the foregoing waiver was separately bargained for and a material element of the Settlement of which this release is a part.

(d) The Class Members shall be deemed to have agreed that the release set forth herein will be and may be raised as a complete defense to and will preclude any action or proceeding based on the Released Claims.

You can opt out if you wish to retain the right to sue Defendant separately for the Released Claims. If you opt out, you cannot file a Claim, receive a Class Payment from the Settlement Fund, or file an Objection to the Settlement. You need not exclude yourself if you merely want to retain a right to sue for personal injury arising out of your use of the Products.

To opt out, you must mail an opt-out request to the Settlement Administrator at In re VNGR Beverage, LLC Litigation Settlement Administrator, P.O. Box 301134, Los Angeles, CA 90030-1134. The opt-out request must be signed by you, clearly identify the case name and number, In re VNGR Beverage, LLC Litigation, No. 4:24-cv-03229-HSG, contain your full name, address, phone number(s), email address, and the following statement: “I/We request to opt out from the Settlement in the Poppi Class Action." The opt-out request must be postmarked by the Objection and Exclusion Deadline set forth above, which is September 26, 2025.

You can ask the Court to deny approval of the Settlement by timely filing an Objection with the Court. You cannot ask the Court to order a larger Settlement; the Court can only approve or disallow the Settlement. If the Court denies approval to the entire settlement, no Class Payments will be sent out, and the lawsuit will continue. If that is what you want to happen, you must object.

If you file an Objection by September 26, 2025, you may also appear at the Final Approval Hearing, either in person or through your own attorney.  If you appear through your own attorney, you are responsible for paying that attorney.

You may also object to the attorneys’ fees and/or incentive payments to the named Plaintiffs.

To file an Objection, you must submit that Objection in writing to the Clerk for the Northern District of California, by the Objection and Exclusion Deadline set forth above. Any Objection must: (1) clearly identify the case name and number, In re VNGR Beverage, LLC Litigation, No. 4:24-cv-03229-HSG; (2) include your full name, address, telephone number, and email address; (3) include the full name, address, telephone number, and email address of the all lawyers (if any) who (a) are representing you in making the objection, (b) may be entitled to compensation in connection with your objection, and/or (c) will appear on your behalf at he Final Approval Hearing; (4) include documents or testimony sufficient to establish that you are a member of the Class; (5) provide a detailed statement of your objection(s), including the grounds and legal support for those objection(s); (6) provide a statement as to whether you are requesting the opportunity to appear and be heard at the Final Approval Hearing; and (7) add your signature as objector, in addition to the signature of your attorney, if an attorney is representing you with the objection. Failure to include this information and documentation may be grounds for overruling and rejecting your objection.

All the information listed above must be filed as a written objection, either electronically via the Northern District of California’s electronic filing system no later than 11:59 p.m. PT on September 26, 2025 or via mail to the Clerk of the Northern District of California, postmarked by mail, express mail, or personal delivery on or before the bjection and Exclusion Deadline, which is September26, 2025. By filing an objection, you consent to the jurisdiction of the Court, including to any order of the Court to produce documents or provide testimony prior to you consent to the jurisdiction of the Court, including to any order of the Court to produce documents or provide testimony prior to the Final Approval Hearing.

If you file an Objection to the Settlement but still want to submit a Claim in the event the Court approves the Settlement, you must still timely submit a Claim Form according to the instructions described above.

The Court will hold a hearing on November 20, 2025 at 2:00 p.m., to consider whether to approve the Settlement. The hearing will be held in the United States District Court of the Northern District of California, before the Honorable Judge Haywood S. Gilliam, Jr. in the Oakland Courthouse, Courtroom 2 – 4th Floor, located at 1301 Clay Street, Oakland, CA 94612, or such other judge assigned by the Court.

The hearing is open to the public. This hearing date may change without further notice to you. For updated information on the hearing date and time, consult this Website, or the Court docket in this case available for a fee through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov, or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California, Oakland Courthouse, 1301 Clay Street, Oakland, CA 94612, Suite 400S, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays

You can inspect many of the court documents connected with this case on the Case Documents tab.  Other papers filed in this lawsuit are available by accessing the Court docket in this case available for a fee through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov, or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California, Oakland Courthouse, 1301 Clay Street, Oakland, CA 94612, Suite 400S, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.

You can contact the Settlement Administrator at In re VNGR Beverage, LLC Litigation Settlement Administrator, P.O. Box 301134, Los Angeles, CA 90030-1134, or by telephone at 1-833-586-8111.

You can also obtain additional information by contacting Class Counsel: