If you received a notice, it is because you may be a part of a class action lawsuit that is now pending against R.C. Bigelow, Inc. in the United States District Court for the Central District of California, entitled Banks v. R.C. Bigelow, Inc., Case No. 20-cv-06208-DDP (RAOx) (the “Action”). The Action has been certified by the Court to proceed as a class action on behalf of a group of consumers who purchased certain Bigelow tea products.

The persons who sued are called the “Plaintiffs” and the company they sued, R.C. Bigelow, Inc., is called the “Defendant” or “R.C. Bigelow.” Plaintiffs brought this lawsuit on behalf of a Class of other consumers in California who similarly purchased certain Bigelow tea products.

You are a Class member if you fall within the below Court-certified Class definition:

All natural persons who purchased at least one 18/20 count box of Bigelow Earl Grey Black Tea Caffeine, Green Tea Caffeine, Constant Comment Black Tea Caffeine, Green Lemon Tea Caffeine, Vanilla Chai Black Tea Caffeine, English Tea Time Black Tea Caffeine, Spiced Chai Black Tea Caffeine, French Vanilla Black Tea Caffeine, or Vanilla Caramel Black Tea Caffeine, labeled as “Manufactured in the USA 100% American Family Owned,” at a retail store in the state of California, at any time from October 17, 2017 to the present.

If you are still not sure whether you are a Class Member, you can get additional information by reviewing the documents on the Important Documents page of the website. You can also call or write to the lawyers in this case at the phone number or address listed in FAQ 11 below.

In this class action, Plaintiffs allege that the Bigelow tea products identified in question 2 above were falsely and deceptively labeled as Manufactured in the USA based on representations made on the tea cartons. Plaintiffs assert claims against Bigelow under: (1) the California Consumers Legal Remedies Act, (2) common law fraud and intentional misrepresentation, (3) negligent misrepresentation, and (4) breach of express warranty.

R.C. Bigelow denies that it did anything wrong. R.C. Bigelow’s Answer to the operative Complaint is posted on the Important Documents page of this website.

The Court hasn’t decided whether the Plaintiffs or R.C. Bigelow are correct. By certifying the Class and authorizing this Notice, the Court is not suggesting which side will win or lose this case. A trial is scheduled to start on August 20, 2024. 

The Plaintiffs are asking for monetary damages owed to the Class. 

No money or benefits are available now because the Court has not yet decided whether R.C. Bigelow did anything wrong, and the two sides have not settled the case. There is no guarantee that money or benefits will be obtained. If they are, you will be notified about how to ask for a share.

If you do nothing, then you will remain in the Class, and you will be bound by all past, present, and future orders, findings, and judgments in this Action, whether favorable or unfavorable. If any money is awarded to the Class, either through settlement or judgment after trial, you may be entitled to receive a share of that award. If R.C. Bigelow prevails in whole or in part on any issues or claims in the Action, you will be bound by that outcome. By staying in the Class, you will give up your right to sue R.C. Bigelow for the claims in this case.

The deadline to exclude yourself was May 1, 2024, and has passed.

The Court decided that the law firms of Schneider Wallace Cottrell Konecky LLP and The Wand Law Firm P.C. are qualified to represent you and all Class members. Together the law firms are called “Class Counsel.” They are experienced in handling similar cases. Class Counsel’s contact information is below:

Todd M. Schneider and Jason H. Kim 
SCHNEIDER WALLACE
COTTRELL KONECKY LLP
2000 Powell Street, Suite 1400
Emeryville, CA 94608
Telephone: (415) 421-7100
www.schneiderwallace.com

Aubry Wand
THE WAND LAW FIRM, P.C.
100 Oceangate, Suite 1200
Long Beach, CA 90802
Telephone: (310) 590-4503
www.wandlawfirm.com
Email: teaclassaction@gmail.com

You do not need to hire your own lawyer because Class Counsel is working on your behalf. But, if you want your own lawyer, you will have to pay that lawyer. For example, you can ask your own lawyer to appear in Court for you if you want someone other than Class Counsel to speak for you.

If Class Counsel recover money or benefits for the Class, they may ask the Court for fees and expenses. Class Counsel have agreed to represent the Class on a contingency basis, which means that they will be awarded attorneys’ fees and costs, subject to approval by the Court, only if they obtain a recovery for the Class from R.C. Bigelow either through settlement or judgment after trial. You will not be individually responsible for paying any attorneys’ fees or costs to Class Counsel regardless of whether there is any recovery for the Class.

The trial is currently set to start on Tuesday, August 20, 2024, at 9:00 a.m., in the United States District Court for the Central District of California, located at 350 W. 1st Street, Los Angeles, CA 90012, in Courtroom 9C. During the trial, a jury will hear evidence to help them reach a decision about whether the Plaintiffs or R.C. Bigelow are right about the claims in the lawsuit. This trial date may be subject to change. For updates, please check this website or www.cacd.uscourts.gov/honorable-dean-d-pregerson. 

You do not need to attend the trial. Class Counsel will present the case for the Plaintiffs, and R.C. Bigelow will present the defenses. You or your own lawyer are welcome to come at your own expense.

If the Plaintiffs obtain money or benefits as a result of the trial or a settlement, you will be notified about how to participate. We do not know how long this will take.

The Notice summarizes the Action. For more information, you can contact Class Counsel at the information listed above, or access the Court docket in this case, through the Court’s Public Access to Court Electronic Records (PACER) system. You can also visit the Important Documents page of this website or call the class administrator at 1-844-566-0049.