Companies Pay Big Settlements Over Bogus Beer Ads, Harassing Calls

A six-pack of kona beer.
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ScoreCard Research

You’re in for a cool brew on Kona Beer if you bought the brand because you thought it was made in Hawaii. You also might benefit if you were the recipient of harassing phone calls or took a bogus supplement. 

See if you qualify for any of this month’s highlighted class-action settlements.

Kona Beer Hawaiian Origin

Beer drinkers who thought they were drinking brew made in the tropical islands of Hawaii may be eligible for up to $20 from Kona Beer.

If you bought a 4-pack, 6-pack, 12-pack or 24-pack of Kona Beer between Feb. 28, 2013 and June 14, 2019, you could be eligible for the following:

  • $1.25 per unit for a 4-pack of Kona Beer
  • $1.25 per unit for a 6-pack of Kona Beer
  • $2 per unit for a 12-pack of Kona Beer
  • $2.75 per unit for a 24-pack of Kona Beer

Purchases of single cans or single bottles are not eligible for the settlement.

The class-action suit alleged that Kona Brewing Company used imagery including surfers and Waikiki Beach to trick customers into believing the beer was brewed in Hawaii. 

In reality, Kona beverages were brewed in New Hampshire, Oregon, Tennessee and Washington.

Under the terms of the settlement, you can claim to up to $10 without a proof of purchase, or up to $20 with proof of purchase.

For a full list Kona Beer varieties covered by the settlement and to submit a claim by the Oct. 7, 2019 deadline click here.

Los Angeles Natural Gas Tax 

If you were a customer of Southern California Gas Company and were charged a Los Angeles City Users Tax for natural gas use between Dec. 12, 2012 and April 12, 2019, you could be eligible for a portion of a $32.5 million settlement.

The class action alleged Los Angeles residents were charged a 10 percent fee based on the amount of gas they used. The city allegedly began to base the fee on the amount also paid for other surcharges, which resulted in city residents paying more than $30 million in additional, unfair taxes.

The city agreed to remove the additional tax amount, saving gas customers an estimated $6.18 million per year.

The settlement fund will automatically be awarded to L.A. residents who were Southern California Gas Company customers by reducing their natural gas tax bill for 36 months between five and 10 percent. 

Because the settlement fund will be automatically awarded, affected customers only need to make it known if they wish to object to or opt out by Aug. 19, 2019. For complete details, click here.

FoodState Supplements (MegaFoods, Innate Response)

Did you buy vitamin supplements by FoodState, including brands MegaFoods and Innate Response Formula, between Jan. 11, 2011 and Sept. 15, 2018?

If so, you could be entitled to a portion of a $2.1 million class-action settlement regarding allegations of false advertising.

FoodState was accused of falsely stating its supplements contained more nutrients from “whole foods” than they actually did. The company also allegedly included magnesium stearate in some supplements but did not include it on its list of ingredients. The compound, which may be found naturally in certain foods, can irritate the bowels of some consumers. 

Class members who submit a valid claim by the Aug. 19, 2019 deadline will receive $25 per bottle, up to a maximum of $100. For the complete list of all the supplements covered by the settlement and to submit a claim, click here.

National Holdings Telemarketing

Did you receive a call from National Holdings Corporation between Nov. 11, 2010 and May 24, 2019, despite your number being registered with the National Do Not Call List?

If so, you could be eligible for an estimated cash payment of $20. A higher or lower payment amount is possible depending upon the number of valid claims received.

The calls, which allegedly violated the Telephone Consumer Protection Act, were made by either National Holdings representatives or by Shampan Lamport on behalf of National Holdings. 

Click here to file a valid claim by the Aug. 23, 2019 deadline. 

PTZ Insurance Robocalls

If you received unsolicited phone calls from PTZ Insurance, you could qualify for a portion of a $5.5 million class-action settlement.

The calls used a pre-recorded voice to play a “Day 2” or “Day 6” message and were made between Oct. 16, 2013 and Nov. 30, 2016. The lawsuit alleged the calls violated the Telephone Consumer Protection Act.

The value of each claim will depend upon the number of valid claims received and could range from about $46 to $92. 

Eligible consumers should have received a claim number and PIN to file a claim. For full details, click here and file your claim by Aug. 28, 2019.

New York & Company (California Only)

Clothing store New York & Company will provide customers who bought items in California up to a $25 discount voucher to resolve claims the retailer used false prices to convince customers they were getting a great deal.

If you purchased items at any California New York & Company outlet store between June 9, 2013 and May 23, 2019 or from a New York & Company retail store in California between Feb. 11, 2012 and May 23, 2019, you could qualify for a voucher.

The lawsuit alleged the clothing retailer advertised its outlet merchandise prices as a certain percentage off of regular retail prices, but the “sale” merchandise allegedly never was sold at the listed retail price.

Customers can receive a voucher worth $7.50 off of any purchase or 25 percent off a purchase up to $100.

Click here and file your valid claim by Sept. 9, 2019. 

CVS Algal-900 DHA Supplement

If you bought a CVS-branded Algal-900 DHA dietary supplement that included a claim that it was “clinically shown to improve memory” or had “clinically shown memory improvement” on the label, you could receive a full refund or $7 in vouchers.

The lawsuit alleged the claims about memory improvement were deceptive. CVS customers who bought the supplements between Nov. 15, 2008 and Sept. 30, 2016 could be eligible for a variety of different awards, based on the proof of purchase and whether a CVS ExtraCare account was associated with the purchase.

For complete details and to file a claim by the Dec. 12, 2019 deadline, click here.