Krinsk v. Monster Beverage Corporation

Frequently Asked Questions

  1. Why was this Notice issued?
  2. What is a class action?
  3. Why is this lawsuit a class action?
  4. What does the lawsuit complain about?
  5. How do Defendants answer?
  6. Has the Court decided who is right?
  7. What are Plaintiffs/Class Representatives asking for?
  8. Is there any money available now?
  9. How do I know if I am part of this?
  10. Help me understand whether I am included.
  11. I'm still not sure if I am included.
  12. What happens if I do nothing at all?
  13. What happens if I exclude myself?
  14. How do I ask to be excluded?
  15. Do I have a lawyer in this case?
  16. How will the lawyers be paid?
  17. Should I get my own lawyer?
  18. How and when will the Court decide who is right?
  19. Do I have to come to the trial?
  20. Will I get money after the trial or any settlement?
  21. Are more details available?
  1. Why was this Notice issued?

    A Court has “certified” that this case can proceed as a class action lawsuit. If you purchased certain Hansen’s Natural Juice, Hansen’s Smoothie Nectar, Hubert’s Lemonade or Hubert’s Tea you may be included in the class action and have legal rights and options prior to the Court deciding whether the claims being made on your behalf will succeed or fail. This notice explains the lawsuit, who is affected, and all of your options.

    Judge Joel R. Wohlfeil of the California Superior Court for the County of San Diego is currently overseeing this case. The case is known as Krinsk, et al. v. Monster Beverage Corporation, et al., Case No. 37-2014-00020192. The consumers who sued (Mayan Mooney and Chayla Clay) are called the Class Representatives or Plaintiffs. Monster Beverage Corporation and Monster Energy Company (“Defendants”), the former owner of the Hansen’s Natural Juices, Hansen’s Smoothie Nectars, and Hubert’s Lemonades and Teas, are called the Defendants.

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  2. What is a class action?

    In a class action, one or more people sue on behalf of all persons who have substantially similar claims. Together, these persons are called a Class or Class Members. One court resolves the issues for all Class Members, except those who chose to exclude themselves from the Class.

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  3. Why is this lawsuit a class action?

    The Court decided that certain claims in this lawsuit could move toward trial as a class action because the Class Members share common legal and factual issues. The Court determined that those common issues will drive resolution of the litigation for all Class Members because the Plaintiffs’ claims are typical of what happened for the other Class Members. The Court analyzed the Plaintiffs and their lawyers for conflicts of interest and capability before determining that they will fairly represent your interests. The case also qualified to proceed as a class action because thousands of consumers purchased the Hansen’s and Hubert’s beverages with the same “natural” representations that are key to the case.

    More information about why the Court is allowing this lawsuit to proceed as a class action can be found in the Joint Amended Order Granting Plaintiffs’ Motion for Class Certification.

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  4. What does the lawsuit complain about?

    Plaintiffs allege that Hansen’s Natural Juices, Hansen’s Smoothie Nectars, and Hubert’s Lemonades and Teas were advertised as being “natural” when they were not. Plaintiffs also assert that California and federal law does not allow Defendants to label beverages as “natural” if they contain artificial or synthetic ingredients, and/or colorants. A list of the products, claims, and challenged ingredients are listed below:

    Product

    Relevant Labeling Claims

    Challenged Ingredients

     Hubert’s Lemonades and Teas

    Hubert’s Lemonade:

    Original Lemonade

    “ALL NATURAL SINCE 1935”
    on the front label.

    Citric Acid

    Hubert’s Lemonade:

    Blackberry Lemonade

    “ALL NATURAL SINCE 1935”
    on the front label.

    Citric Acid, fruit & vegetable juice
    (for color)

    Hubert’s Lemonade:

    Cherry Limeade

    “ALL NATURAL SINCE 1935”
    on the front label.

    Citric Acid, fruit & vegetable juice
    (for color)

    Hubert’s Lemonade:

    Raspberry Lemonade

    “ALL NATURAL SINCE 1935”
    on the front label.

    Citric Acid, fruit & vegetable juice
    (for color)

    Hubert’s Lemonade:

    Strawberry Lemonade

    “ALL NATURAL SINCE 1935”
    on the front label.

    Citric Acid, fruit & vegetable juice
    (for color)

    Hubert’s Lemonade:

    Mango Lemonade

    “ALL NATURAL SINCE 1935”
    on the front label.

    Citric Acid, caramel color, fruit & vegetable juice (for color)

    Hubert’s Lemonade:

    Honey Lemonade

    “ALL NATURAL SINCE 1935”
    on the front label.

    Citric Acid, caramel color

    Hubert’s Lemonade:

    Limeade

    “ALL NATURAL SINCE 1935”
    on the front label.

    Citric Acid

    Hubert’s Lemonade Tea:

    Original Black Tea

    “ALL NATURAL SINCE 1935”
    on the front label.

    Ascorbic Acid

    Hubert’s Lemonade Tea:

    Peach

    “ALL NATURAL SINCE 1935”
    on the front label.

    Ascorbic Acid

    Hubert’s Lemonade Tea:

    Original Green Tea

    “ALL NATURAL SINCE 1935”
    on the front label.

    Ascorbic Acid

    Hubert’s Lemonade Tea:

    Raspberry

    “ALL NATURAL SINCE 1935”
    on the front label.

    Citric Acid, caramel color, fruit & vegetable juice (for color)

    Hansen’s Natural Products

    Hansen’s Natural:

    Awesome Apple

    “Hansen’s Natural” on the front label; “contains 100% fruit juice,

    no preservatives;” “no artificial colors, no preservatives”

    Ascorbic Acid, vitamin E,

    vitamin A palmitate, vitamin B12, pyridoxine hydrochloride

    Hansen’s Natural:

    Burstin’ Berry

    “Hansen’s Natural” on the front label; “contains 100% fruit juice,

    no preservatives;” “no artificial colors, no preservatives”

    Ascorbic Acid; vitamin E,

    vitamin A palmitate; vitamin B12, pyridoxine hydrochloride

    Hansen’s Natural:

    Strawberry Banana

    “Hansen’s Natural” on the front label; “contains 100% fruit juice,

    no preservatives;” “no artificial colors, no preservatives”

    Citric Acid, Ascorbic Acid,

    vitamin E, vitamin A palmitate, vitamin B12,

    pyridoxine hydrochloride

    Hansen’s Natural:

    Totally Tropical

    “Hansen’s Natural” on the front label; “contains 100% fruit juice,

    no preservatives;” “no artificial colors, no preservatives”

    Citric Acid, Ascorbic Acid,

    vitamin E, vitamin A palmitate, vitamin B12,

    pyridoxine hydrochloride

    Hansen’s Natural:

    Apple Grape

    “Hansen’s Natural” on the front label; “there is only one way: the natural way… no artificial anything”

    Ascorbic Acid, grape skin extract (color)

    Hansen’s Natural:

    Loud Lemonade

    “Hansen’s Natural” on the front label; “contains 100% fruit juice, no preservatives” or “no artificial colors, no preservatives;” “100% fruit, 100% fun”

    Citric Acid, vitamin C, vitamin E, vitamin A palmitate, vitamin B12, pyridoxine hydrochloride

    Hansen’s Natural:

    Apple Orange

    Pineapple Juice

    “Hansen’s Natural” on the front label; some labels state “there is only one way: the natural way… no artificial anything” and/or “100% Juice”

    Citric Acid, Ascorbic Acid

    Hansen’s Natural:

    Apple Strawberry Juice

    “Hansen’s Natural” on the front label; some labels state “there is only one way: the natural way… no artificial anything” and/or “100% Juice”

    Ascorbic Acid,

    [natural] Color Added.

    Hansen’s Natural:

    Apple Juice

    “Hansen’s Natural” on the front label; some labels state “there is only one way: the natural way… no artificial anything” and/or “100% Juice”

    Ascorbic Acid

    Hansen’s Natural:

    Cranberry Apple Juice

    “Hansen’s Natural” on the front label; some labels state “there is only one way: the natural way… no artificial anything” and/or “100% Juice”

    Citric Acid, berry extract

    (for color), Ascorbic Acid

    Hansen’s Natural:

    Cranberry Grape Juice

    “Hansen’s Natural” on the front label; some labels state “there is only one way: the natural way… no artificial anything” and/or “100% Juice”

    Ascorbic Acid

    Hansen’s Natural:

    Cranberry Juice

    “Hansen’s Natural” on the front label; some labels state “there is only one way: the natural way… no artificial anything” and/or “100% Juice”

    Ascorbic Acid

    Hansen’s Natural:

    Grape Juice

    “Hansen’s Natural” on the front label; some labels state “there is only one way: the natural way… no artificial anything” and/or “100% Juice”

    Ascorbic Acid

    Hansen’s Natural:

    Orange Juice

    “Hansen’s Natural” on the front label; some labels state “there is only one way: the natural way… no artificial anything” and/or “100% Juice”

    Ascorbic Acid

    Hansen’s Natural:

    Pineapple Juice

    “Hansen’s Natural” on the front label; some labels state “there is only one way: the natural way… no artificial anything” and/or “100% Juice”

    Ascorbic Acid

    Hansen’s Natural:

    White Grape Juice

    “Hansen’s Natural” on the front label; some labels state “there is only one way: the natural way… no artificial anything” and/or “100% Juice”

    Ascorbic Acid

    Hansen’s Natural:

    Apple Trio Juice

    “Hansen’s Natural” on the front label; some labels state “there is only one way: the natural way… no artificial anything” and/or “100% Juice”

    Vitamin C

    Hansen’s Natural:

    Ruby Red Grapefruit Juice

    “Hansen’s Natural” on the front label; “there is only one way: the natural way… no artificial anything;” “100% Juice”

    Vitamin C, color added

    Hansen’s Natural:

    Organic Apple Juice

    “Hansen’s Natural” on the front label; “no preservatives”

    Ascorbic Acid

    Hansen’s Natural:

    Organic Apple Berry Juice

    “Hansen’s Natural” on the front label; “no preservatives”

    Citric Acid, Ascorbic Acid, vegetable juice concentrate (color)

    Hansen’s Natural:

    Organic Fruit Punch

    “Hansen’s Natural” on the front label; “no preservatives”

    Citric Acid, Ascorbic Acid, vegetable juice concentrate (color)

     Hansen’s Smoothie Nectars

    Hansen’s Smoothie

    Nectar: Energy Island Blast

    “All Natural” on the front label

    Citric Acid, vitamin C, color added

    Hansen’s Smoothie Nectar: Mango Pineapple

    “All Natural” on the front label

    Citric Acid, vitamin C, color added

    Hansen’s Smoothie

    Nectar: Peach Berry

    “All Natural” on the front label

    Citric Acid, vitamin C, color added

    Hansen’s Smoothie

    Nectar: Strawberry Banana

    “All Natural” on the front label

    Citric Acid, vitamin C, color added


    Plaintiffs allege that Defendants’ business practices violate California’s Business and Professions Code sections 17200, et seq. (the Unfair Competition Law, or “UCL”), California’s Business and Professions Code sections 17500, et seq. (the False Advertising Law, or “FAL”), and Civil Code sections 1750, et seq. (the Consumers Legal Remedies Act or “CLRA”). Under these California statutes, Class Members can seek restitution and damages resulting from the mislabeling of the Hansen’s Natural Juice, Hansen’s Smoothie Nectar, or a Hubert’s Lemonade or Tea. However, Plaintiffs are not seeking injunctive relief (or an order preventing Defendants from using these labels in the future) because Defendants no longer own the product lines in dispute.

    The Court has certified Plaintiffs’ claims under UCL, FAL, and CLRA for class litigation. This allows the Plaintiffs to represent the Class for asserting these legal claims.

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  5. How do Defendants answer?

    Defendants deny all of the claims and allegations made by Plaintiffs. Specifically, Defendants deny that they have made any misrepresentations that are false or misleading or that have resulted in damages to consumers. A copy of Defendants’ Answer to Plaintiffs’ First Amended Complaint can be found here.

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  6. Has the Court decided who is right?

    No. The Court has not decided whether the Plaintiffs or Defendants are legally correct. By allowing the Class and ordering that this notice be provided, the Court is not suggesting the Plaintiffs will win or lose this case through trial. Plaintiffs must prove their case at a trial set to begin on October 27, 2017.

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  7. What are Plaintiffs/Class Representatives asking for?

    The Plaintiffs are seeking to recover money for the Class. Specifically:

    1. restitution and damages in the amount of price premium paid by Class Members to have “natural” products;
    2. interest on the amount Class Members are awarded; and
    3. reasonable attorneys’ fees, costs, and expenses as approved by the Court.

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  8. Is there any money available now?

    No. There is no money or benefits available now because the Court has not yet decided whether Defendants violated the law and the Plaintiffs and Defendants have not settled the case. There is no guarantee that any money or benefits will ever be awarded or obtained. If they are, you will be notified about how to ask for your share (unless you ask to be excluded from the Class).

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  9. How do I know if I am part of this?

    The Court decided that the Class includes:

    All California consumers who, from June 19, 2010 to June 12, 2015, purchased any Hansen’s Natural Juice in the following flavors: Awesome Apple, Burstin’ Berry, Strawberry Banana, Totally Tropical, Apple Grape, Loud Lemonade, Apple Orange Pineapple Juice, Apple Strawberry Juice, Apple Juice, Cranberry Apple Juice, Cranberry Grape Juice, Cranberry Juice, Grape Juice, Orange Juice, Pineapple Juice, White Grape Juice, Apple Trio Juice, Ruby Red Grapefruit Juice, Organic Apple Juice, Organic Apple Berry Juice, Organic Fruit Punch Raspberry; and/or Hansen’s Smoothie Nectar in the following flavors: Energy Island Blast; Hansen’s Smoothie Nectar: Mango Pineapple; Hansen’s Smoothie Nectar: Peach Berry; Hansen’s Smoothie Nectar: Strawberry Banana; and

    All California consumers who, from June 19, 2010 to January 1, 2014, purchased any Hubert’s Lemonade in the following flavors: Original Lemonade, Blackberry Lemonade, Cherry Limeade, Raspberry Lemonade, Strawberry Lemonade, Mango Lemonade, Honey Lemonade, and Limeade; and/or Hubert’s Tea in the following flavors: Original Black Tea, Peach, Original Green Tea, and Raspberry.

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  10. Help me understand whether I am included.

    You are a Class Member if you are a California consumer who purchased:

    • A Hansen’s Natural Juice from June 19, 2010 to June 12, 2015 in the following flavors: Awesome Apple, Burstin’ Berry, Strawberry Banana, Totally Tropical, Apple Grape, Loud Lemonade, Apple Orange Pineapple Juice, Apple Strawberry Juice, Apple Juice, Cranberry Apple Juice, Cranberry Grape Juice, Cranberry Juice, Grape Juice, Orange Juice, Pineapple Juice, White Grape Juice, Apple Trio Juice, Ruby Red Grapefruit Juice, Organic Apple Juice, Organic Apple Berry Juice, Organic Fruit Punch Raspberry; or
    • A Hansen’s Smoothie Nectar from June 19, 2010 to June 12, 2015 in the following flavors: Energy Island Blast; Hansen’s Smoothie Nectar: Mango Pineapple; Hansen’s Smoothie Nectar: Peach Berry; Hansen’s Smoothie Nectar: Strawberry Banana; or
    • A Hubert’s Lemonade from June 19, 2010 to January 1, 2014 in the following flavors: Original Lemonade, Blackberry Lemonade, Cherry Limeade, Raspberry Lemonade, Strawberry Lemonade, Mango Lemonade, Honey Lemonade, and Limeade; or
    • A Hubert’s Tea from June 19, 2010 to January 1, 2014 in the following flavors: Original Black Tea, Peach, Original Green Tea, and Raspberry.

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  11. I'm still not sure if I am included.

    If you are still not sure whether you are included or want more information, you can call (toll free) 1-877-493-5366 or write to:

    Monster Class Action
    c/o Finkelstein & Krinsk LLP
    550 West C St., Suite 1760
    San Diego, CA 92101

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  12. What happens if I do nothing at all?

    By doing nothing, you are choosing to remain a member of the Class. If the Plaintiffs obtain money or benefits from Defendants—either as a result of a trial or a settlement—you may be eligible to receive a share. However, you will be legally bound by all of the decisions that the Court makes and, regardless of whether the Plaintiffs win or lose the case, you will not be able to sue, or continue to sue, Defendants for the same legal claims made in this lawsuit ever again.

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  13. What happens if I exclude myself?

    If you exclude yourself from the Class and the Class receives money or benefits—either as a result of a trial or a settlement—you will not get any of that money or those benefits. However, you will not be legally bound by any of the Court’s orders or judgments and you will be allowed to sue, or continue to sue, Defendants on your own behalf about the same legal claims that are involved in this case, now or in the future.

    If you do pursue your own lawsuit after you exclude yourself, you may need to hire and pay your own lawyer for that case and you will have to prove your claims without the benefit of the work performed by Class Counsel in this case.

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  14. How do I ask to be excluded?

    To exclude yourself from the Class, you must send an e-mail OR mail a letter stating that you want to be excluded from the Class in Krinsk, et al. v. Monster Beverage Corporation, et al., Case No. 37-2014-00020192. Your e-mail or letter also must include your name, address, telephone number, e-mail address, and signature. You must send your e-mail or mail your letter postmarked by May 12, 2017. Letters must be sent to:

    Monster Class Action Exclusions
    c/o Finkelstein & Krinsk LLP
    550 West C St., Suite 1760
    San Diego, CA 92101

    E-mails must be sent to monster@classactionlaw.com.

    A sample exclusion form is available here.

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  15. Do I have a lawyer in this case?

    The Court appointed Finkelstein & Krinsk LLP to represent you as “Class Counsel.” More information about Class Counsel is available on the website. Class Counsel are experienced in handling consumer class action cases. Complete contact information for Class Counsel is:

    Finkelstein & Krinsk LLP
    Jeffrey R. Krinsk, Esq.
    Trenton R. Kashima, Esq.
    550 West C St., Suite 1760
    San Diego, CA 92101
    Tel: 1-877-493-5366
    Fax: 619-238-5425
    Email: monster@classactionlaw.com

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  16. How will the lawyers be paid?

    If Class Counsel obtains money or benefits for the Class, they will ask the Court for an award of attorneys’ fees, costs, and expenses. You don’t have to pay any of these fees and expenses. If the Court grants Class Counsel’s request, the fees and expenses would be deducted from the money obtained for the Class or paid separately by Defendants.

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  17. Should I get my own lawyer?

    You do not need to hire your own lawyer because Class Counsel is working on your behalf. If you want your own lawyer, you will have to pay for that lawyer. You can ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for you in this case. You may also retain and pay for counsel of your choice to enter an appearance in the lawsuit or to intervene as an individual plaintiff, although doing so is unnecessary.

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  18. How and when will the Court decide who is right?

    If the case is not dismissed or settled, the Plaintiffs will have to prove their claims at a trial set to begin on October 27, 2017 at 8:30 a.m., at the California Superior Court for the County of San Diego, Courtroom 73, 330 West Broadway, San Diego, California 92101. The trial may be moved to a different date or time without additional notice, so it is a good idea to check the website. During the trial, Judge Wohlfeil will hear the evidence so that a decision can be made about whether the Plaintiffs or Defendants are correct about the claims of the lawsuit. There is no guarantee that the Plaintiffs will win or that they will be awarded any money or benefits for the Class.

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  19. Do I have to come to the trial?

    No, you will not need to attend the trial unless you choose to do so or you are asked to attend by the Court. Class Counsel will present the case for the Plaintiffs and the Class, and the lawyers for Defendants will present their defenses. You and/or your own lawyer are welcome to attend the trial, at your own expense.

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  20. Will I get money after the trial or any settlement?

    If the Plaintiffs obtain money or benefits as a result of the trial or a settlement, you will be notified about how to request a share of the proceeds or your other options at that time. Important information about the case will be posted on the website as it becomes available.

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  21. Are more details available?

    The following documents related to the case can be found on the website including:


    You may also call Class Counsel at 1-877-493-5366 for more information or write to:

    Monster Class Action
    c/o Finkelstein & Krinsk LLP
    550 West C St., Suite 1760
    San Diego, CA 92101

    Class Counsel welcomes the opportunity to elaborate on the claims in the lawsuit, explain how it is proceeding, and learn more about Class Member experiences.

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