O'Hara, et al. v. Diageo Beer Company USA, et al.

The Final Fairness Hearing will be held by video conference on October 7, 2021 at 11:00 AM ET.

Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html

For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact [email protected].

If you previously purchased Guinness Extra Stout, you may be eligible to get $0.50 per six-pack, up to $20 (with proof of purchase) or $10 (without proof of purchase), from a class action settlement

A Federal Court authorized the Notice and this Settlement Website. This is not a solicitation from a lawyer.

• Settlement Reached — A Settlement has been reached in a class action lawsuit. A purchaser of Guinness Extra Stout beer sued Defendants, Diageo Beer Company USA (formerly Diageo-Guinness USA, Inc.) and Diageo North America, Inc. (collectively, “Diageo” or “Defendants”), alleging generally that Diageo labeled and advertised Guinness Extra Stout beer as being produced and imported from Ireland when, in fact, it was produced and imported from Canada. Diageo denies any wrongdoing. The Court has not decided who is right. The Parties agreed to the proposed Settlement to resolve the lawsuit.
  
  
• Eligibility — You are eligible to participate in this Settlement if you purchased a six-pack or twelve-pack of Guinness Extra Stout in Massachusetts between December 15, 2011 and September 3, 2015, inclusive. This excludes individuals who purchased Guinness Extra Stout for resale, including distributors and retailers. It also excludes Diageo, any entity in which Diageo has a controlling interest, Diageo’s officers, directors, legal representatives, successors, subsidiaries, or assigns; and any individual who timely and validly opts-out from the Settlement Class. To receive payment under the Settlement, you must submit a Claim Form. Settlement Class Members who do not exclude/opt-out of the Settlement will be bound by the Settlement even if they do not submit Claim Forms.
  
  
• Without Proof of Purchase — For a Settlement Class Member who submits a valid Claim Form without Proof of Purchase, but who submits attestation of his or her purchase of Guinness Extra Stout in Massachusetts between December 15, 2011 and September 3, 2015 under penalty of perjury, Diageo shall pay $0.50 per six-pack (whether purchased as a six-pack or as part of a twelve-pack) up to a total of $10.00 per household.
  
  
• With Proof of Purchase — For a Settlement Class Member who submits a valid Claim Form, along with Proof of Purchase establishing purchase of Guinness Extra Stout in Massachusetts between December 15, 2011 and September 3, 2015, Diageo shall pay $0.50 per six-pack (whether purchased as a six-pack or as part of a twelve-pack) up to $20.00 per household.

Please read the Notice carefully and in its entirety.

Your rights may be affected by the Proposed Settlement of this Lawsuit,
and you have a choice to make now about how to act:

• Your rights and options — and the deadlines to exercise them — are further explained in the Notice. The Court in charge of this case has the authority to alter any deadlines set forth below for good cause shown.
  
  
• The Court in charge of this case still has to decide whether to approve the Settlement. The Class Benefit (i.e., the monetary payments described herein) will be made available if the Court approves the Settlement, and after any appeals are resolved, if they are resolved in favor of Settlement approval.

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