Last updated on September 19th, 2022 at 11:00 am
Horsham, Pennsylvania-based Bimbo Bakeries USA has agreed to settle a class action lawsuit commenced in 2013 in the U.S. District Court for the Northern District of California, Ang v. Bimbo Bakeries USA Inc. (Case No. 13-CV-01196-HSG-NC). The court denied certification of the plaintiffs’ damages claims and Bimbo Bakeries USA has denied and continues to deny the allegations in the lawsuit, which claim that statements on the labels and in the ingredient lists of certain Bimbo Bakeries USA products were unlawful, misleading or deceptive to consumers.
Settlement terms
Through the proposed settlement, Bimbo Bakeries USA has agreed to certify that it has changed, removed or discontinued the labels or ingredient statements of the products challenged in the lawsuit. Bimbo Bakeries USA also has agreed, for a period of two years, to notify class counsel of any changes to the label statements on or ingredients of the products at issue, if the changes relate to the challenged claims listed in the settlement agreement.
As part of the settlement, class counsel can apply to the court for up to $305,000 in attorneys’ fees and costs and $10,000 incentive awards to each of the named plaintiffs.
Bimbo Bakeries USA is providing these benefits to class members in exchange for a release of class members’ rights to sue Bimbo Bakeries USA for an injunction, declaratory judgment or other related claims to stop or change the labeling and ingredient statements challenged in the lawsuit because those changes have already been made by Bimbo Bakeries USA.
If the settlement is approved by the court, class members will release their ability to seek or obtain injunctive relief relating to the claims asserted in the lawsuit. Class members will not release any claims for monetary relief.
Court action
On April 28, the court granted preliminary approval of the settlement agreement. A final fairness hearing is set for Aug. 27. Case documents and additional details regarding the settlement may be accessed on the “About Us” or “Media Center” pages of Bimbo Bakeries USA’s website.
Class members can object to the settlement on or before July 24, by timely filing a written objection pursuant to the instructions on Bimbo Bakeries USA’s website.
