What is this lawsuit about?
This proposed class action settlement will resolve a lawsuit over whether, after May 7, 2008, Blue Buffalo Company, Ltd. (“Blue Buffalo”) falsely claimed Blue Buffalo Products contain no chicken/poultry by-product meals, no corn, wheat or soy, and no artificial preservatives. If you purchased eligible Blue Buffalo products from May 7, 2008 to December 18, 2015, this Settlement affects your legal rights whether you act or not.
The Court did not decide who was right in this case. Instead, both sides agreed to a settlement to avoid the costs and risk of a trial.
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What is a Class Action Settlement?
A class action is a lawsuit in which one or more individuals sue an individual(s), company or other entity on behalf of all other people who are in a similar position. Collectively, these people are referred to as a “Class” or “Class Members.” In a class action, the court resolves certain legal issues, legal claims and defenses for all Class Members in one lawsuit, except for those who ask to be excluded from the Class.
By agreeing to a settlement, the Parties avoid the costs and risk of a trial and the Class will get compensation. The Class Representatives and their attorneys believe that the settlement is in the best interests of the Class Members.
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How do I know if I am in the Settlement Class?
You may be a Class Member if you purchased eligible Blue Buffalo Products in the United States on and/or after May 7, 2008, up until December 18, 2015. The Product List is extensive and can be found in the ‘Documents’ section of this website.
Excluded from the Class are officers, directors and employees of Blue Buffalo and its parent and/or subsidiaries, as well as judicial officers and employees of the Court.
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Which Blue Buffalo Products are covered by this Settlement?
The complete Product List of the Blue Buffalo Products covered under this Settlement can be found in the ‘Documents’ section of this website.
If you bought any of these Products during the Class Period and do not exclude yourself, you are a Class Member and cannot sue again if the Court approves the Settlement.
For more information or assistance, call 1-844-245-3772.
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How do I file a Claim?
If you are an eligible class member, you may file a claim online through the ‘Submit a Claim’ section of this website. Or you may download a claim form from the ‘Documents’ section of this website, or call (844) 245-3772 to have one mailed to you. Mail your completed and signed claim form postmarked no later than April 14, 2016 to:
Blue Buffalo Settlement
c/o Heffler Claims Group
P.O. Box 58730
Philadelphia, PA 19102-8730.
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What will I get if I file a Claim?
Eligible Class Members who DID NOT submit valid proof of purchases will receive their claimed purchase amount for products that they have purchased during the claim period, total payment not to exceed $108.69.
Eligible Class Members who DID submit valid proof of purchases will receive documented purchase amount for products they have purchased in the claim period, total payment not to exceed $2,173.90.
The actual amount a Class Member receives depends on the amount of money available from the Settlement Fund described below and the number of claims made. Because the total value of valid claims is less than the amount of money available to pay them, then Class Members submitting valid claims are receiving the full amount of recovery they sought, and each award is increased on a pro rata basis.
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What is the total Settlement?
Blue Buffalo has agreed to fund a settlement of up to $32,000,000. This fund will be used to pay valid claims submitted by Class Members, and to pay legal fees of not more than $8,000,000, and expenses and administrative costs of not more than $1,400,000.
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Do I need an Attorney?
No, the Court has appointed the Plaintiffs who brought the Lawsuit as the class representatives and KamberLaw, LLC, as the lawyers that will act as your representatives for this settlement, if you do not exclude yourself from the Class.
The Court has appointed Alexia Keil, Nick Hutchison, Rachael D. Stone, Maja Mackenzie, Jonathan Fisher, David Delre, Beth Cox, Lori Canale, and Derek McCusker to represent you.
You will not be responsible for any costs or attorney’s fees incurred in this Lawsuit. If the Court approves the proposed settlement, Class Counsel will request that the Court award attorneys’ fees in an amount not to exceed $8,000,000 from the proposed settlement fund.
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What are my options?
File a Claim: This is the only way to receive a portion of the settlement. Class members must mail or submit a valid claim online by April 14, 2016. Click here to file a claim.
Do nothing: You will not receive money but you will be bound by the decisions of the court regarding these claims, including certain releases of Blue Buffalo.
Exclude yourself: You will maintain your right to sue Blue Buffalo about the legal claims in this case. To exclude yourself, you must do so in writing by April 14, 2016. If you exclude yourself you will not receive money from this settlement. Send your exclusion in writing to:
Blue Buffalo Settlement
c/o Heffler Claims Group
P.O. Box 58730
Philadelphia, PA 19102-8730.
Object: You may tell the court why you don’t like the Settlement. If you want to object, you must submit your objection in writing to the Court, Class Counsel, and Blue Buffalo’s Counsel. Your objection must include:
- Your name, address, telephone number, and, if available, your e-mail address;
- Your signature;
- The reasons why you object;
- Whether you intend to appear at the Final Approval Hearing;
- The case name and number of this lawsuit, which is IN RE BLUE BUFFALO COMPANY, LTD. MARKETING AND SALES PRACTICES LITIGATION, Case No. 14-md-02562-RWS; and
- If you are represented by a lawyer, the name, address and telephone number of that lawyer.
You must file your written objection with the Court no later than April 14, 2016, at the:
Clerk of Court
United States District Court for the Eastern District of Missouri
111 South 10th Street
St. Louis, Missouri 63102.
You must also send a copy of your objection to Class Counsel and Blue Buffalo’s Counsel at:
Counsel for Plaintiff:
Scott A. Kamber
KamberLaw, LLC
8816 Manchester Rd
Box 250
St. Louis MO 63144
Counsel for Defendant:
Steven A. Zalesin
Patterson Belknap Webb & Tyler LLP
1133 Avenue of the Americas
New York, NY 10036.
Speak at the hearing: If you have timely objected and you intend to make an appearance at the fairness hearing individually or through an attorney, you must provide to the Settlement Administrator and must file with the Clerk of the Court a notice of intention to appear no later than April 19, 2016 at:
Blue Buffalo Settlement
c/o Heffler Claims Group
P.O. Box 58730
Philadelphia, PA 19102-8730
Clerk of Court
United States District Court for the Eastern District of Missouri
111 South 10th Street
St. Louis, Missouri 63102.
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How do I get more Information?
For more information or assistance, please call the Settlement Administrator at:
1 (844) 245-3772
or write to:
Blue Buffalo Settlement
c/o Heffler Claims Group
P.O. Box 58730
Philadelphia, PA 19102-8730.
PLEASE DO NOT CALL OR WRITE TO BLUE BUFFALO OR THE COURT.
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Do I need proof of purchase to submit a claim?
No proof of purchase is required, but you must complete the Claim Form confirming under penalty of perjury (i) that you purchased one or more of the Products during the Settlement Class Period and (ii) the total sum of money spent on Blue Buffalo Products during the Settlement Class Period.
While proof of purchase is not required, your total recovery may be higher if you have proof of purchase. For a description of the recovery with and without proof of purchase, click on “What will I get if I file a Claim?” above.
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What constitutes a valid proof of purchase?
A valid proof of purchase will consist of an original receipt from a retailer, print out from a loyalty program, or other legitimate, documentary proof showing payment for Blue Buffalo Products that was not used as proof for any other claim.
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I am a member of the Petco Pals Rewards program. Is there a way to print my Blue Buffalo purchases made at Petco as a part of the Pals Rewards program?
In your Internet browser put in the address: petco.com.
Once at the Petco homepage, in the upper right hand portion of your screen, you will see a button to “sign in”.
From there you will be asked for your Email and Password. Alternatively, if you are a New Customer or Signed-Up in Store select that option.
After Sign In, you will be at the main screen for your Pals Rewards account. Select the pals rewards button on the left.
From there select View Pals Rewards Transaction History in the center.
Then you will see a screen that has your pals rewards transaction history. Select the appropriate date range and select lookup. Each receipt will be shown on a separate line. Selecting the Receipt ID will bring up the purchases associated with that receipt.
Selecting the appropriate receipt will show the purchases.
These can be printed or saved as a PDF and uploaded as proof of purchase documentation for your claim in this matter.
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I am a member of the Petsmart Pet Perks program. Is there a way to print my Blue Buffalo purchases made at Petsmart as a part of the Pet Perks program?
Yes, your purchase history is easily obtained from the Petsmart website. In your Internet browser put in the address: petsmart.com. Once at the Petsmart homepage in the upper right hand portion of your screen you will see an option for “PetPerks”.
From there you will be asked for your Email and Password. Alternatively, if you are a New Customer select that option.
After Sign In, you will be at the main screen for your Pet Perks account. Select the View full history option on the left.
From there you will see a list of your Transactions associated with your Pet Perks membership.
Each receipt will be shown on a separate line. Selecting the Get Image option will bring up the purchases associated with that receipt. These can be printed or saved as a PDF and uploaded as proof of purchase documentation for your claim in this matter.
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