The ZOA Energy Drink Settlement resolves a false advertising class action lawsuit filed as Mikhail Gershzon v. ZOA Energy, LLC, Case No. 3:23-cv-5444-JD in the United States District Court for the Northern District of California. Class members allege that ZOA Energy LLC misled consumers by labeling its energy drinks as containing “0 Preservatives”even though products contained citric and ascorbic acids, which plaintiffs argue function as chemical preservatives. ZOA denies wrongdoing but agreed to settle to avoid the expense and risk of continued litigation.
Under the settlement, ZOA will pay into a $3,000,000 settlement fund to compensate qualifying purchasers nationwide. Eligible consumers who file approved claims may receive cash payments based on the number of ZOA products they bought during the class period. Payments may be reduced pro rata if total approved claims exceed the available net fund after settlement administration costs, attorneys’ fees, and class representative service awards are deducted. Unclaimed or unredeemed settlement funds will be donated cypres to the Clean Label Project.