This case involves Select CBD Drops manufactured by Curaleaf, Inc., on or after June 19, 2021 (the “Products”).
Specifically, the “Settlement Class” includes all individual consumers with an Oregon address who purchased one of the Defendant’s allegedly mislabeled Select CBD Drops on or after June 19, 2021.
A lawsuit was originally brought against Curaleaf, Inc., (“Curaleaf”). The lawsuit alleges that Curaleaf manufactured Select CBD Drops that were labeled as containing cannabidiol (CBD) but in fact contained tetrahydrocannabinol (THC). Curaleaf denies that there is any factual or legal basis for the lawsuit. The Court has not determined whether Plaintiffs or Curaleaf are correct.
This case has been pending since May 30, 2022. Since then, Plaintiffs’ Counsel has investigated the allegations, and labeling of the Products and have engaged in extensive discovery, including depositions and document review. Before Curaleaf formally appeared in the Action the Parties engaged in mediation with the assistance of retired Supreme Court Justice Sue M. Leeson as mediator. As a result of these negotiations, the Parties now desire to settle the Action on the terms and conditions set forth in this Agreement, to provide fair compensation to the putative class members and to avoid the burden, expense, and uncertainty of continuing litigation.
After considering the risks and costs of further litigation, Representative Plaintiff and Class Counsel are satisfied that the terms and conditions of this Agreement are fair, reasonable, adequate and equitable, and that a settlement of the Action on the terms described in this Agreement is in the best interests of the putative class members.
This settlement proposes to release the claims of Oregon consumers based on defendant’s alleged failure to properly label its Select CBD Drops.
As part of the settlement agreement, Defendant shall pay $100,000 to the Settlement Fund. From the Settlement Fund, Class Counsel’s Attorney Fee Award will be paid, and each approved claim shall be paid up to $200, or less depending on how many claims are submitted. In addition to the $100,000 payment to the Settlement Fund, Defendant shall be responsible for the costs of class notice and settlement administration.
The settlement provides for up to a $200 payment to each settlement class member who files a timely approved claim form, depending on how many claims are submitted, until the fund is fully exhausted.
To date, Plaintiffs’ lawyers have not been compensated for any of their work on this case. The Plaintiffs’ lawyers (“Class Counsel”) will petition the Court for a fee of 25% of the common fund.
The Court will determine what amounts of fees, costs, expenses, and class representative payment to award. As with the Settlement itself, you can object to Class Counsel’s fee request.
Effective upon the Final Approval, Representative Plaintiff, for himself and as the representative of the Class and on behalf of each Class Member who has not timely opted out or requested exclusion from the Settlement and each of their respective agents, successors, heirs, assigns, and any other person who can claim by or through them in any manner, shall have fully and finally released with prejudice all Released Claims against the Released Parties, as further defined by the terms of this Agreement.
You can file a claim form by submitting one electronically online or submitting a claim form via US mail. Your claim form must be submitted electronically via the website or printed from the website, completed and timely postmarked by September 27, 2023, and mailed to Curaleaf Settlement Administrator, c/o CPT Group, Inc., 50 Corporate Park, Irvine, CA 92606.
You can exclude yourself from the settlement class if you wish to retain the right to sue Curaleaf separately for any monetary claims over the mislabeling of the Products. If you exclude yourself, you cannot object to the terms of the settlement.
To exclude yourself (or “Opt Out”), you must mail or email a written request to exclude yourself from the settlement to the claim administrator at Curaleaf Settlement Administrator, c/o CPT Group, Inc., 50 Corporate Park, Irvine, CA 92606. The written request for exclusion should: (a) state your name, mailing address, email address and telephone number; (b) state the words “I wish to be excluded from the Curaleaf Class Action Settlement”; (c) include your signature; and (d) be postmarked no later than the Exclusion Deadline.
Exclusion requests must be postmarked by September 27, 2023.
If you are a Settlement Class Member and do not exclude yourself, you can object to the Settlement, or any part of the Settlement, for example if you do not think the Settlement is fair. You can state reasons why you think the Court should not approve it. The Court will consider your views. To be considered valid, a written Objection must contain the following information: (a) your full name, address, and telephone number; (b) the word “Objection”; (c) a statement attesting that you purchased at least one of Defendant’s allegedly mislabeled Select CBD drops on or after June 19, 2021; (d) a description of the specific factual and legal grounds for your objection, including why you have chosen to object; (e) whether you are represented by counsel, and, if so, that counsel’s full name, address and bar number; and (f) and the objection must be personally signed by you. You may (though are not required to) appear at the Final Approval Hearing, either in person or through your own counsel.
Any counsel representing you must file with the Court a notice of appearance and Points and Authorities in support of the objection, which brief shall contain any and all legal authority upon which you will rely and confirm whether the attorney intends to appear at the Final Approval Hearing. Copies of the documents set forth in this paragraph must be filed with the Court and delivered to Class Counsel and Defendant’s Counsel no later than the Objection Deadline.
Any documents that you wish for the Court to consider must also be attached to the objection. Your objection to the Settlement must be mailed no later than September 27, 2023, to the following addresses:
If you object to the settlement but still want to submit a claim in the event the Court approves the settlement, you must still submit a timely claim according to the instructions described above.
The Court will hold a hearing on November 14, 2023, at 2:00 PM PST to consider whether to approve the settlement. The hearing will be held in the in the courtroom of the Judge, Karin J. Immergut at Courtroom 13A, located at 1000 S.W. Third Ave., Portland, OR 97204. This hearing date may change without further notice to you. Consult the “Important Dates” page for updated information on the hearing date and time.
You can contact the Claim Administrator at CuraleafSettlement@cptgroup.com, by calling 1-888-342-1379 or writing to Curaleaf Settlement Administrator, c/o CPT Group, Inc., 50 Corporate Park, Irvine, CA 92606. You can also obtain additional information by contacting Class Counsel:
Alternatively, you may visit the office of the Clerk of the Court for the United States District Court for the District of Oregon, 1000 S.W. Third Ave., Portland, OR 97204 from 8:30 AM to 4:30 PM Monday through Thursday, and 9:30 AM to 4:30 PM on Friday, excluding Court holidays.