“First, the Settlement provides Quorn will now uniformly disclose on its packages that its products contain mold in the Allergy Warning, and the Allergy Warning will be prominently placed at or near the top of the back or side-labels of all Quorn Products.
“Second, Quorn will no longer represent or imply its products are made of ‘mushrooms, truffles or morels.’
“Third, Quorn will provide a full refund to all Class Members who purchased Quorn Products in the U.S. during the Class Period if they have an itemized receipt proving they purchased the product(s). There are no limitations on the aggregate refund amount to the Class, nor are there limitations on the total refund amount for any individual Class Member. So long as they provide itemized receipts showing how much they paid for Quorn Products during the Class Period, the Class Member will receive a full refund for that amount. Based on confirmatory discovery, Plaintiff estimates the Class paid approximately $120,000,000 for Quorn Products during the Class Period.
“Fourth, for those Class Members who do not have itemized receipts, they may receive an alternative remedy of “$5 Per Month” for each month during the Class Period in which they claim to have purchased Quorn Product(s), up to a cap of $40 per year for each year of the five-year Class Period, for a maximum possible refund of $200. To be eligible for this remedy, such Class Members will simply be required to verify under oath they purchased Quorn Products during the months they claim and submit a credit or debit card statement, or a non-itemized receipt, showing they made purchases at a store that sold Quorn Products during those months (the “Alternative Proof of Purchase Documents”). For example, if they have a credit card statement showing they made purchases at a Whole Foods or WalMart during the Class Period (two stores that sold Quorn Products), then such Class Members will receive $5 for each month they claim to have purchased Quorn Products at such stores, up to a cap of $40 per year for each year of the five-year Class Period, for a maximum possible refund of $200. Based on the confirmatory discovery, the average retail price of a Quorn product is between $4.00 and $4.75 and Quorn’s most loyal customers purchase approximately eight (8) products per year for a total of approximately $41. Thus, this alternative “$5 Per Month” remedy will likely provide close to full refunds for most Class Members even with the annual $40 caps.
“Fifth, while the release includes all claims relating to the allegations in this lawsuit, it does not include any claims for personal injuries for those customers who may have suffered adverse reactions from mold allergies after consuming Quorn Products.
“Sixth, the Settlement provides that Quorn will separately pay for all attorneys’ fees and costs, incentive awards and claims administrations costs approved by the Court, and such payments will not in any way reduce the monetary benefits available to the Class.”The background The CSPI raised concerns about Quorn’s unique main ingredient in the early 2000s and asked the Food and Drug Administration to remove the products from the marketplace. Since its initial request to FDA, the CSPI has received approximately 2,500 reports from consumers of adverse reactions to Quorn products. In addition to the California boy, a death in Sweden is attributed to Quorn. “Some consumers have reported adverse reactions after eating Quorn, including vomiting, diarrhea, and, in rarer cases, life-threatening anaphylactic reactions,” according to CSPI. The organization had been monitoring the non-meat products since they were introduced in the United Kingdom in 1993. Now owned by Philippines-based Monde Nissin Corp., Quorn was launched by Marlow Foods Ltd. Labels on the non-meat products in the U.S. and other countries provided a bit of linguists, presented in parentheses, and botany:
“Quorn [insert specific product name here] are made with mycoprotein (“myco” is Greek for “fungi”) and are completely meatless and soy- free. There are believed to be over 600,000 varieties of fungi in the world, many of which are among the most sought after foods like varieties of mushroom, truffles, and morels.”In the U.S. legal actions against Quorn, consumers said they were misled by the company’s label claims. They said in their complaints that they thought “mycoprotein” was made from “mushrooms, truffles and morels.” (To sign up for a free subscription to Food Safety News, click here.)