Mael v. Evanger’s Dog and Cat Food Co., Inc., et al. 

United States District Court Western District of Washington   |    3:17-cv-05469-RBL (W.D. Wash.)   

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**IMPORTANT UPDATE** The final fairness hearing will be held by teleconference. It will not be held at the courthouse. To attend the hearing, please call the conference bridge number 888-273-3658. The access code is 8127992. You do not need to attend the hearing to participate in the settlement.

 If you purchased Evanger’s Hunk of Beef, Evanger’s Braised Beef, or Against the Grain Pulled Beef with Gravy between December 1, 2015 and June 30, 2017, you could get benefits from a class action settlement. 

What is this lawsuit about?

Evanger’s Dog and Cat Food Co., Nutripack, LLC, Against the Grain Pet Foods, and Sher Services Co. (collectively “Evanger’s”) have agreed to provide cash payments or merchandise certificates to consumers who purchased Evanger’s Hunk of Beef, Evanger’s Braised Beef, or Against the Grain Pulled Beef with Gravy between December 1, 2015 and June 30, 2017. Evanger’s also have agreed to change certain advertising practices and fund additional third-party testing of the above products for a limited time. 

The settlement resolves claims over whether Evanger’s misrepresented their meat-based products. Plaintiffs believe their claims have merit and Evanger’s denies all of the lawsuit’s allegations. 

how do i know if I am part of the settlement?

The Court has decided that everyone, who fits the following description is part of a Settlement Class: All persons in the United States who purchased Evanger’s Hunk of Beef, Evanger’s Braised Beef, or Against the Grain Pulled Beef with Gravy between the dates of December 1, 2015 and June 30, 2017. 

WHAT DOES THE SETTLEMENT PROVIDE?

Evanger’s have agreed to pay $545,500 to cover cash payments to eligible consumers, court-approved attorneys’ fees and costs, service awards to the named Plaintiffs, and settlement administration expenses. Court-appointed lawyers will ask the Court for $295,000 to reimburse them for fees and out-of-pocket costs. 

Merchandise certificates for known purchasers. Settlement Class members have the option of redeeming certificates valued at 50% of the verified amount of Evanger’s Hunk of Beef, Evanger’s Braised Beef, or Against the Grain Pulled Beef with Gravy that they purchased between December 1, 2015 and June 30, 2017. The value of the merchandise certificates will not be affected by the number of claims submitted. 

Merchandise certificates for unverified purchasers. Settlement Class members who submit a valid claim but have no proof of purchase will receive a certificate that allows the claimant to obtain at no cost three (3) cans of Evanger’s or Against the Grain products from a retailer that currently sells these products. A list of such retailers is available on the Evanger’s and Against the Grain websites. If there is no retailer located near a particular Settlement Class member, the person will be able to contact Evanger’s to redeem his or her certificate directly. 

Cash award. Settlement Class members who submit proof of their purchase of Evanger’s Hunk of Beef, Evanger’s Braised Beef, or Against the Grain Pulled Beef with Gravy, will be eligible to receive 25% of the verified total value of those products from the Net Payment Fund instead of a merchandise certificate for 50% of their verified purchases. If insufficient funds exist to pay Settlement Class members their full 25%, their payment will be reduced proportionally. In addition, if funds remain after paying eligible claimants 25% of their total verified purchases, remaining amounts will be distributed to eligible claimants proportionally based on the total amount of their verified purchases up to 100% of their verified purchases.

Payment for veterinary expenses. Settlement Class members may submit veterinary records that indicate the pet experienced pentobarbital related conditions and/or illness caused by the pet eating Evanger’s Hunk of Beef, Evanger’s Braised Beef, or Against the Grain Pulled Beef with Gravy purchased between December 1, 2015 and June 30, 2017, including proof of purchase of these products. A veterinarian agreed upon by the Parties will review the records to determine whether the claimant qualifies for a veterinary expense award.

WHAT ARE MY OPTIONS?

SUBMIT A CLAIM
By APRIL 8, 2020

This is the only way to receive a payment or a merchandise certificate. Click here to file a Claim Form. 

EXCLUDE YOURSELF
By APRIL 8, 2020

Get no payment. This is the only option that allows you to be part of any other lawsuit against Evanger’s about the legal claims in this case. 

OBJECT BY 
APRIL 8, 2020

Write to the Court explaining why you don’t like the settlement and whether you wish to address the Court in person.

ATTEND A HEARING ON
JUNE 12, 2020 at 9:30 a.m.

Address the Court in person if you requested to do so in writing by April 8, 2020.

DO NOTHING

Get no payment. Give up rights. 

CPT GROUP, Inc.

50 Corporate Park, Irvine, CA 92606

Email: EvangersSettlement@cptgroup.com

CONTACT INFORMATION

Toll-Free Class Member Support:
1-888-404-0223

Copyright 2018 CPT Group, Inc. All Rights Reserved.