Frequently Asked Questions

You received a Court-authorized Notice because you may be a Class Member in a proposed Settlement regarding allegedly inaccurate labeling found on ZOA Energy drink Products that contained the statement “0 Preservatives” on the label.

For purposes of Settlement only, the Court has certified a class (“Settlement Class”). You are a member of the Settlement Class (“Settlement Class Member”) 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 use and not for resale or distribution between March 1, 2021 and November 21, 2025.

The Notice explains the nature of the Action and the Claims being settled, your legal rights, and the proposed benefits to the Class.

Judge James Donato of the Northern District of California is overseeing this matter, Mikhail Gershzon v. ZOA Energy, LLC, Case No. 3:23-cv-5444-JD, which was brought on behalf of the Plaintiff and a putative class of similarly situated consumers. The person who brought the lawsuit is called the “Plaintiff,” and the company sued is called the “Defendant.” 

Plaintiff Mikhail Gershzon filed the lawsuit against ZOA Energy, LLC, individually and on behalf of certain others who purchased ZOA Energy Drinks labeled with the statement “0 Preservatives” on the label for personal use between March 1, 2021 and November 21, 2025.

Plaintiff alleges that ZOA Energy Drinks bearing the statement “0 Preservatives” on the label were misleading to reasonable consumers because the Products contained citric and ascorbic acid, which were allegedly used as chemical preservatives. 

Defendant denies the Plaintiff’s allegations that it violated any law or caused any harm as alleged in the lawsuit. Defendant asserts that the labeling and marketing of its Products were truthful and accurate. The Parties agreed to settle this case to avoid the expense and risks associated with the lawsuit. 

The Court has not decided who is right.

To obtain more information about this case and the Settlement, please see Question 21 below.

The Court did not decide in favor of the Plaintiff or Defendant. Instead, both sides agreed to settle this case to avoid the expense and risks associated with the lawsuit.

The Plaintiff, Defendant, and their attorneys believe the proposed Settlement is fair, reasonable,  adequate, and is, therefore, in the best interest of the Class Members. This Settlement provides injunctive relief and immediate monetary relief to the Settlement Class without the cost, time, and expense of litigating, which can take years.

Full details about the proposed Settlement can be found in the Settlement Agreement, available here.

In a class action, one or more people called “Class Representatives” (in this case, Mikhail Gershzon) sue on behalf of people who have similar claims. All of these people who may have similar claims form a “Class” and are called “Class Members.” The Settlement resolves the issues for all Class Members, except those who exclude themselves from the Class (Opt-Out), as explained in Question 10.

You are included in the Settlement as a Class Member 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 use and not for resale or distribution between March 1, 2021 and November 21, 2025.

The Settlement Class excludes: (1) the Released Parties; (2) any government entities; (3) persons who made a valid, timely request for exclusion; (4) the Honorable James Donato and any members of his immediate family; and (5) all individuals, distributors, wholesalers, retailers, or others who purchased the Products for the purpose of selling it to someone else.

If you are not sure whether you are a member of the Class, or have any other questions regarding the Settlement, please review this website or write with questions to Gershzon v. ZOA Energy, LLC, c/o Kroll Settlement Administration LLC, P.O. Box 225391, New York, NY 10150-5391.

If the proposed Settlement is finally approved by the Court, and after any appeals are resolved (if any appeals are filed) in favor of the Settlement, Defendant has agreed to refund you as follows based upon whether or not you have proof of purchase:

Without Receipt(s): You will get $1 per unit purchased, up to a maximum of $10 per Household; 

or

With Receipt(s): You will get reimbursed $1 per unit purchased up to a maximum of $150 per Household. 

A Settlement Class Member may make only a single Claim and must choose the most appropriate scenario for their situation.  If a Proof of Purchase is rejected by the Claims Administrator, the Claim request will be treated as one without Proof of Purchase and be subject to applicable maximum limits. 

There is a $3 million cap for the total Settlement Fund—including Attorneys’ Fees and Costs Award, Notice and Other Administrative Costs, and Service Awards for the Class Representative. If the total value of all Approved Claims exceeds the funds available after allocation or distribution of the Notice and Other Administrative Costs, the Fees and Costs Award, and the Service Award, 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 pursuant to this Settlement Agreement or otherwise to such Class Member. Any Unredeemed Payments, including interest accrued thereon, will be donated cy pres to the Clean Label Project.

The Claims Deadline to make an Approved Claim is 11:59 p.m. Pacific Time on February 20, 2026. To make a Claim, please click the "Submit Claim" button on the home page of this Settlement Website.

You must submit a Claim Form, with or without Proof of Purchase, to be eligible to receive any money from the Settlement. Proof of Purchase is a receipt or purchase record from a Released Party, a removed UPC code, or other documentation from a third-party commercial source reasonably establishing the fact and date of purchase of the applicable Product during the Class Period in the United States. You may complete the Claim Form online at this Settlement Website; or submit it by mail at Gershzon v. ZOA Energy, LLC, c/o Kroll Settlement Administration LLC, P.O. Box 225391, New York, NY 10150-5391. Your Claim Form must be signed under penalty of perjury and postmarked or submitted online no later than 11:59 p.m. Pacific Time on February 20, 2026.

Unless you exclude yourself (Opt-Out), you will be included in the Settlement if it is approved by the Court. By staying in the Class, you will be eligible to receive monetary benefits provided by the Settlement, to which you may be entitled, and you will release the Defendant from all of the Released Claims in this lawsuit, whether or not you file a valid Claim Form.

This means that you will no longer be able to sue ZOA Energy, LLC regarding any of the Released Claims if you are a Class Member and do not timely and properly Exclude yourself (Opt-Out) from the Class. “Released Claims” are defined in Section 1.30 of the Settlement Agreement.

Upon the Effective Date and by operation of the judgment, the Releasing Parties shall have fully, finally, and forever released, relinquished, and discharged against the Released Parties all Released Claims (including, without limitation, any unknown claims), as well as any claims arising out of, relating to, or in connection with, the defense, settlement, or resolution of this Action or the Released Claims.

The full text of the Settlement Agreement, which includes all the provisions about settled Claims and Releases, is available here

Possibly. The Class Representative will request a Service Award of up to a maximum total amount of $7,500 to compensate him for services as a Class Representative, including, but not limited to his efforts in bringing the lawsuit and resolving the matter on behalf of the Class. The Court will make the final decision as to the amount, if any, to be paid to the Class Representative.

If you do not want to be part of the Settlement, you must send a written request for exclusion (Opt-Out). If you exclude yourself, you cannot file a claim or object to the Settlement, and you will not be entitled to any monetary payments from the Settlement. The request to exclude yourself from the Settlement must be made on an individual basis and postmarked (in the case of a paper mail submission) or received (in the case of personal delivery) by the Claims Administrator at the below address on or before 11:59 p.m. Pacific Time on February 13, 2026:        

Gershzon v. ZOA Energy, LLC
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391
 

The Opt-Out request must contain the requestor’s name and address, the words “I wish to be excluded from the ZOA Energy Drink Class Action,” and the requestor’s signature.

No. If you are a Class Member and you do not exclude yourself (Opt-Out) from the Settlement and the Settlement is finally approved by the Court, you forever give up the right to sue ZOA Energy, LLC., and the Released Parties for all the Released Claims, which this Settlement fully and finally resolves.

If you submit a valid and timely request to be excluded (Opt-Out), you cannot Object to the proposed Settlement. However, if you ask to be excluded, you may sue or continue to sue ZOA Energy, LLC, or the Released Parties about the same claims resolved by this Settlement in the future. You will not be bound by anything that happens in this lawsuit. 
 

If you are a Class Member, do nothing, and the Settlement is finally approved by the Court, you forever give up the right to sue ZOA Energy, LLC and the Released Parties for the Released Claims, which this Settlement fully and finally resolves.

Yes. The Court has ordered that Michael D. Braun of Kuzyk Law, LLP and Peter N. Wasylyk of the Law Offices of Peter N. Wasylyk (together, “Class Counsel”) will represent the interests of all Class Members. Class Members will not be separately charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

The Claims Administrator’s and Notice and Other Administration Costs and fees associated with administering the Settlement, including all costs associated with the publication of the Notice of Settlement will be paid out of the Settlement Fund. Class Counsel’s reasonable attorneys’ fees and costs related to obtaining the Settlement consistent with applicable law will also be paid out of the Settlement Fund, subject to Court approval. Class Counsel shall apply for attorneys’ fees no greater than one-third of the Settlement Fund ($1,000,000).  The Class Representative will also request that the Court approve a payment of up to $7,500 from the Settlement Fund, as an Service Award for his participation as the Class Representative, for taking on the risk of litigation, and for settlement of his individual Claim as a Class Member. Actions. The amounts are subject to Court approval and the Court may award less. 

You can ask the Court to deny approval of the Settlement by filing an objection. You cannot ask the Court to order a different settlement; the Court can only approve or reject the settlement. If the Court denies approval, no Settlement Payments will be sent out, and the lawsuit will continue. If that is what you want to happen, you should object.
 

Any objection to the proposed settlement must be in writing. If you file a timely written objection, you may, but are not required to, appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney. All written objections and supporting papers must:
 

(a) Identify the case name and number Mikhail Gershzon v. ZOA Energy, LLC, Case No. 3:23-cv-5444-JD;

(b) Provide the name, address, telephone number, and, if available, the email address of the Person objecting and their Counsel if represented;

(c) A detailed statement of Objection(s), including the grounds for those Objection(s);

(d) Objections must be submitted to the Court either by filing them electronically or in person at any location of the United States District Court for the Northern District of California or by mailing them to the Class Action Clerk, United States District Court for the Northern District of California, 450 Golden Gate Avenue San Francisco, CA 94102; and be filed or postmarked on or before February 13, 2026.

Objecting is simply telling the Court that you don’t like something about the Settlement. You can Object only if you stay in the Class.

Excluding yourself (Opting Out) is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you have no basis to Object because the Settlement no longer affects you.

A Court has preliminarily approved the Settlement and will hold a Final Approval Hearing to determine whether to give final approval to the Settlement. The purpose of the Final Approval Hearing is for the Court to determine whether the Settlement should be approved as fair, reasonable, adequate, and in the best interests of the Class, and to consider the award of attorneys’ Fees and Costs Award to Class Counsel and to consider the request for Service Awards to the Class Representative. If there are any valid, timely Objections, the Court will consider them and listen to the people who have asked to speak at the hearing, if a request to do so was properly made,

The Court will hold the Final Approval Hearing on March 26, 2026, at 10:00 a.m. PT in the United States District Court for the Northern District of California, Courtroom 11, 19th Floor, 450 Golden Gate Avenue, San Francisco, CA 94102, in Courtroom 8D South. The hearing may be postponed to a different time, date, or location without additional notice, so it is recommended that you periodically check this website for updated information.

No, you are not required to come to the Final Approval Hearing. However, you are welcome to attend the hearing at your own expense.

If you submit an Objection, you do not have to come to the hearing to talk about it. As long as you submitted the written Objection according to the instructions in Question 15 (including all of the information required), and it was received on time, the Court will consider it. You also may pay your own lawyer to attend the Final Approval Hearing, but that is not necessary.

Yes, you may speak at the Final Approval Hearing, but you must ask the Court for permission. To request permission to speak, you must have filed an Objection according to the instructions in Question 15, including all of the information required.

You cannot speak at the hearing if you exclude yourself (Opt-Out) from the Settlement

If you do nothing and the Settlement is finally approved by the Court, you will not get any money from the Settlement, you will not be able to sue for the Claims in this lawsuit, and you will release Claims against Defendant and the Released Parties.

This is only a summary of the proposed Settlement. If you want additional information about this lawsuit, including a copy of the actual Settlement Agreement, the complaint filed in this Action, the Court’s Preliminary Approval Order, Class Counsel’s application for attorneys’ fees and costs, how to update your address, other pertinent information, and to check the status of the Settlement or if the Settlement has been approved by the Court, please continue to monitor this website.

You may also contact the Claims Administrator at (833) 890-6436

PLEASE DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR ACTION TO THE CLERK OF THE COURT OR THE JUDGE.