McKinley et al. v. Conopco, Inc. et al

A state court authorized the Class Notice because you have the right to know about the proposed Settlement of this class action lawsuit and about all of your rights and options before the Court decides whether to grant final approval to the Settlement. The Class Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for the benefits, and how to get them.

The Honourable Veronica G. Hummel, Justice of the Supreme Court of the State of New York, Bronx County, is overseeing this class action. The lawsuit is known as McKinley et al. v. Conopco, Inc. et al., Index No. 805260/2024E. The persons who filed the lawsuits are called the “Plaintiffs” or “Class Representatives” and the companies sued, Conopco, Inc., and Unilever United States, Inc. are called the “Defendants.” This Settlement is on behalf of a nationwide class and covers all pending litigation, including a related action pending elsewhere. For more information regarding the related action pending elsewhere, please see section 1.3 of the Settlement Agreement.

Plaintiffs filed this lawsuit against the Defendants alleging the Defendants' labelling of Breyers ® Natural Vanilla ice cream gave consumers the impression the ice cream contained vanilla flavor derived only from the vanilla plant and not from non-vanilla plant sources, and allege that it contained non-vanilla plant vanilla flavors. The Defendants dispute all of these allegations and deny any wrongdoing. The Court has not decided who is right.

In a class action lawsuit, one or more persons called plaintiffs sue on behalf of other persons that have similar legal claims. The people are a “class” or “settlement class members.” In this lawsuit, the people who sued are called the “Plaintiffs.” The companies and people they are suing, Conopco, Inc., and Unilever United States, Inc. are called the “Defendants.” One court resolves the issues for everyone in the class, except for those people who choose to exclude themselves (opt out) from the class.

The Court has not decided in favor of the Plaintiffs or the Defendants. Instead, both sides agreed to a settlement to avoid the cost and risk of a trial. Settlement Class Members may submit a Claim Form for a cash payment. The Plaintiffs and Class Counsel believe the Settlement is best for the Class and represents a fair, reasonable, and adequate resolution of the lawsuit.

The Defendants deny the legal claims in the lawsuit, all allegations of wrongdoing, fault, liability, or damage to the Plaintiffs and the Settlement Class, and that they acted improperly or wrongfully in any way. The Defendants nevertheless recognize the expense and time that would be required to defend the lawsuit through trial and have taken this into account in agreeing to the Settlement.

You are a Settlement Class Member if you are a consumer who purchased the Product in any size in the United States from April 21, 2016, through August 14, 2024.

“Product(s)” means Breyers® Natural Vanilla ice cream, in any size. A complete list of the Products can be found here.

You are excluded from being a Settlement Class Member if you are (a) the Released Parties; (b) a government entity; (c) persons who made such purchase for the purpose of resale; (d) persons who made a valid, timely request for exclusion; (e) the presiding judges in the Actions; or (f) mediator Peter Woodin of JAMS.

If you are still not sure whether you are a Settlement Class Member, you may write us at info@VanillaIceCreamSettlement.com or call 1-888-603-5137.

As a result of the Settlement, the Defendants have agreed to create a Settlement Fund of $8,850,000. Cash payments from the Settlement Fund will be paid to each Settlement Class Member who submits a valid and timely Claim Form.

Monetary Benefits Available to Settlement Class Members: Settlement Class Members who submit a valid and timely Claim Form by the deadline are eligible for the following cash payment(s) (“Monetary Benefits”):

1. Valid Claim with Proof of Purchase: If you are a Settlement Class Member and submit a Valid Claim with Proof of Purchase, you will receive $1.00 for each Product. There is no limit to the number of Products you can seek a cash payment for if Proof of Purchase is provided with your Claim Form.
2. Valid Claim without Proof of Purchase: If you are a Settlement Class Member and submit a Valid Claim without Proof of Purchase, you will receive $1.00 for each Product up to a maximum of 8 Products.

If you are a Settlement Class Member and submit a Valid Claim for Products with both Proof of Purchase and without Proof of Purchase, the cash payments will be combined. For example, a Settlement Class Member may make a Valid Claim for 5 Products with Proof of Purchase (for $5.00), and 6 Products without Proof of Purchase (for $6.00) for a total of $11.00.

Each Household is limited to and may only submit one single Claim Form. For purposes of the Settlement, Household is defined as any number of natural persons who currently or during the Class Period (from April 21, 2016, through August 14, 2024) occupied the same dwelling unit.

If the total amount of Valid Claims is more than what remains of the $8,850,000 Settlement Amount after removing the Notice and Administration Costs, Attorneys’ Fees and Costs, and Service Awards, then the cash payment for each Settlement Class Member will be determined on a pro rata (a legal term meaning equal) basis.

Injunctive (Non-Monetary) Benefit: Within 12 months of the Settlement becoming final, the Defendants will be required to develop a new Product formula that does not include vanilla derived from non-vanilla plant sources.

To be eligible for a cash payment, you must be a Settlement Class Member and you must submit a valid and timely Claim Form by February 19, 2025. The Claim Form can be submitted online or signed and returned by U.S. Mail at the address below postmarked by February 19, 2025.

McKinley et al. v. Conopco, Inc. et al.
Claim Administrator
P.O. Box 2813
Portland, OR 97208-2813

A Claim Form is available here, or you may request a Claim Form by contacting the Claim Administrator at the address above or by calling 1-888-603-5137. You will not receive a cash payment from the Settlement if you file a request to be excluded as a Settlement Class Member or if you do not submit a valid and timely Claim Form by the deadline.

Examples of proof of purchase include a receipt, online order confirmation, or retailer email. The proof should display the purchase amount, seller, purchase date (month/year), and preferably the product purchased. The purchases claimed should not be intended for resale, commercial use, or any other purposes.

The Court granted Final Approval on November 21, 2024. While the Court has approved the Settlement, there remains the possibility of appeals. The appeal process can take time, perhaps more than a year. If you file a valid and timely Claim Form, you will not receive a cash payment until any appeals are resolved. Please be patient.

Unless you exclude yourself (“opt out”) from being a Settlement Class Member by timely submitting a request for exclusion, you will remain a Settlement Class Member. This means you cannot sue, continue to sue, or be part of any other lawsuit against the Released Parties about the legal issues in this lawsuit. It also means that all the Court’s orders will apply to you and legally bind you and that you will release the legal claims detailed in the Settlement Agreement. The Release is provided in the Settlement Agreement in Section VII in necessary legal terminology. The Settlement Agreement is available here.

Yes, the Court has appointed lawyers from the law firms Reese LLP and Sheehan & Associates, P.C. to represent you and the other Settlement Class Members. The lawyers are called Class Counsel. They are experienced in handling class action cases. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense, but you do not need to.

Class Counsel will request Attorneys’ Fees and Costs up to $3,175,000. In addition, Class Counsel intends to request the Court approve Service Awards to each of the Class Representatives (Frederick McKinley and Lisa Vizcarra) in the amount of $5,000 for their efforts in pursuing this lawsuit. If awarded by the Court, these Attorneys’ Fees and Costs and the Service Awards will be paid from the Settlement Fund. The Court may award less than these amounts for the Attorneys’ Fees and Costs and Service Awards.

The deadline to exclude yourself passed on October 31, 2024.

If you choose to exclude yourself from the Settlement, you are telling the Court that you do not want to be a Settlement Class Member and you will not be bound by the Settlement or any judgment in this lawsuit.

You can only get a cash payment if you remain a Settlement Class Member and submit a valid and timely Claim Form as described above. If you remain a Settlement Class Member, you will be bound by the Settlement or any judgment in this lawsuit.

If you choose to exclude yourself from the Settlement, you are not giving up the right to sue the Released Parties for the legal claims this Settlement resolves and releases. You must exclude yourself as a Settlement Class Member to start or continue with your own lawsuit about the legal claims involved in this Settlement.

You cannot exclude yourself from the Non-Monetary Benefit.

The deadline to object to the settlement passed on October 31, 2024.

Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you remain a Settlement Class Member (meaning you do not exclude yourself). Excluding yourself is telling the Court that you do not want to be a Settlement Class Member. If you exclude yourself, you cannot object because the Settlement no longer affects you.

The Court granted Final Approval to this Settlement on November 21, 2024.

The Court granted Final Approval to this Settlement on November 21, 2024.

The Court granted Final Approval to this Settlement on November 21, 2024.

If you are a Settlement Class Member and you do nothing, you will not receive a cash payment. You will give up your rights as explained in FAQ 11, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Released Parties about the legal claims that are released by the Settlement Agreement.

This website summarizes the Settlement. More details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available here, by calling 1-888-603-5137, or by writing to:

McKinley et al. v. Conopco, Inc. et al.
Claim Administrator
P.O. Box 2813
Portland, OR 97208-2813

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE REGARDING THE CLASS NOTICE, THE SETTLEMENT, OR THE CLAIM PROCESS.