UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Mikhail Gershzon v. ZOA Energy, LLC, Case No. 3:23-cv-5444-JD
WEBSITE OF CLASS ACTION AND PROPOSED SETTLEMENT
IF YOU LIVE IN THE UNITED STATES AND PURCHASED ANY ZOA ENERGY DRINK LABELED WITH THE STATEMENT “0 PRESERVATIVES” BETWEEN MARCH 1, 2021, AND NOVEMBER 21, 2025, A CLASS ACTION SETTLEMENT MAY AFFECT YOUR RIGHTS.
A federal Court authorized the Long Form Notice (“Notice”).
You are not being sued. This Notice is not a solicitation from a lawyer.
- A Settlement has been reached in the class action lawsuit (“Action”) styled Gershzon v. ZOA Energy, LLC, Case No. 3:23-cv-5444-JD, pending in the United States District Court for the Northern District of California. The lawsuit alleges that the statement “0 Preservatives” on the labels of ZOA Energy drinks (“Products”) is misleading because it contains citric and ascorbic acids. Based on this allegation, Mikhail Gershzon (“Plaintiff” or “Class Representative”) asserted claims against Defendant ZOA Energy, LLC (“Defendant” or “ZOA”) for breach of warranty, violation of California’s Business and Professions Code § 17200, et. seq., California’s Business & Professions Code § l7500, et. seq., California’s Civil Code § 1750, et seq., and restitution on the basis of quasi-contract/unjust enrichment.
- ZOA denies these allegations and maintains that its labeling and marketing are truthful, accurate, and compliant with applicable law. The Court did not rule in favor of either side. The Parties agreed to settle this case to avoid the expense and risk associated with the lawsuit. This Settlement will resolve all claims of all Settlement Class Members against Defendant involving the Products.
- You are included in the Settlement if you are a resident of the United States who purchased any ZOA Energy drink with a label stating “0 Preservatives” in the United States for personal consumption and not for resale or distribution between March 1, 2021, and November 21, 2025.
To settle the lawsuit, ZOA Energy has agreed to provide a Settlement Fund of three million dollars ($3,000,000) to pay the following: Settlement Payment for Approved Claims to individuals who live in the United States and purchased any ZOA Energy drink with a label stating “0 Preservatives” in the United States for personal consumption and not for resale or distribution between March 1, 2021 and November 21, 2025; Attorneys’ Fees and Costs Award; Notice and Other Administrative Costs; and Class Representative Service Awards. If the total value of all Approved Claims exceeds the funds available after allocation or distribution of the Fees and Costs Award, the Notice and Other Administrative Costs, and the Service Awards, then the amounts of the Settlement Payments per claim will be reduced pro rata, as necessary, to use all of the funds available for distribution to Class Members. Any such pro rata adjustment will be calculated prior to distribution of funds (i.e., will be made in a single distribution). Those Class Members whose payments are not redeemed (e.g., uncashed checks) within one hundred and eighty (180) calendar days after issuance (“Unredeemed Payments”) will be ineligible to receive a Settlement Payment, and the Claims Administrator will have no further obligation to make any payment from the Settlement Fund or otherwise to such Class Member. Any Unredeemed Payments, including interest accrued thereon, will be donated cy pres to the Clean Label Project. In addition, after paying all administrative costs, fees, service awards, settlement payments, and making any cy pres donations of Unredeemed Payments, any remaining funds in the Settlement Fund (“Unexhausted Amounts”), including interest, will be donated cy pres to the Clean Label Project.
Class Members who submit Approved Claims with receipts will be capped at a Settlement Payment of One Hundred Fifty Dollars ($150) per household.
Class Members who submit Claims without receipts will be capped at a Settlement Payment of Ten Dollars ($10) per household.
Each Class Member may submit a claim either electronically at this Settlement Website or by mail.
This website summarizes the Settlement. For the precise terms and conditions of the Settlement, please: (i) see the Settlement Agreement, which is available here; or (ii) contact the Claims Administrator by calling the toll-free telephone number: (833) 890-6436 or writing to:
Gershzon v. ZOA Energy, LLC
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391
Your legal rights will be affected regardless of whether you do or do not act.
Read this Website carefully.
This Website summarizes the proposed Settlement. For the precise terms of the Settlement, please see the settlement agreement available here, by contacting class counsel at [email protected], by accessing the Court docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov, or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California, 450 Golden Gate Avenue, San Francisco, CA 94102, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.
This Website explains the following rights and options—and the deadlines to exercise them.
Summary of Legal Rights | |
Submit a Claim Form by February 20, 2026 | You must submit a Claim to get money from this Settlement. Claim Forms must be submitted online or postmarked by February 20, 2026. By submitting a Claim, you agree to be bound by the Settlement, and you give up your right to sue or continue to sue Defendant for the claims released by the Settlement. |
Do Nothing | If you do nothing, you agree to be bound by the Settlement, you give up your rights to sue Defendant for the claims released by the Settlement, and you will not get money from the Settlement.
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Exclude Yourself (or “Opt Out”) by February 13, 2026 | Get out of the Settlement. Get no money from the Settlement. Keep your rights. This is the only option that allows you to keep your right to sue ZOA Energy, LLC, about the claims in this Action. You will not get any money from the Settlement. Your request to exclude yourself (Opt-Out) must be POSTMARKED by February 13, 2026. You cannot both exclude yourself and object. |
Object to the Settlement by February 13, 2026
| Stay in the Settlement, but tell the Court why you think the Settlement, the amount of attorneys’ fees and expenses, or the award to the Class Representative should not be approved. Objections must be POSTMARKED by February 13, 2026.
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Go to the Final Approval Hearing
| You can ask to speak in Court about the fairness of the Settlement, the amount of attorneys’ fees, or Service Award to the Class Representative, at your own expense. See Questions 17-19 below for more details.
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These rights and options—and the deadlines to exercise them—are explained in this Website. The deadlines may be moved, canceled, or otherwise modified, so please check this Settlement Website regularly for updates and further details.
The Court in charge of this lawsuit has preliminarily approved the Settlement and will hold a hearing to make a final decision on whether to approve it. The proposed relief offered to Class Members will be provided only if the Court gives final approval to the Settlement and, if there are any appeals, after the appeals are resolved in favor of the Settlement.