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

United States District Court for the District of Massachusetts
Case No. 15-cv-14139-MLW

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 LEGAL RIGHTS AND OPTIONS

WHAT IS THIS?
A Settlement has been reached in a class action lawsuit. The lawsuit brought claims of misrepresentation and violations of the Massachusetts consumer protection law, alleging that Guinness Extra Stout was labeled and advertised as produced and imported from Ireland when, in fact, it was produced and imported from Canada. Diageo denies any wrongdoing.
SUBMIT A CLAIM FORM BY OCTOBER 26, 2021
This is the only way to receive a monetary payment from the proposed Settlement. By remaining in the Settlement, whether or not you submit a claim, you will give up any rights to sue Diageo separately about the same legal claims in this lawsuit. Claim Forms are available here, or a downloadable version is available hereFor more detail about the claim process, please see FAQs #5, #6 and #7.
EXCLUDE YOURSELF/OPT-OUT BY SEPTEMBER 20, 2021
You have the right to exclude yourself from or “opt-out” of the proposed Settlement. If you exclude/opt-out of the proposed Settlement, you will not be eligible to receive the monetary payment, but you will keep your right to sue Diageo about the same legal claims in this lawsuit. Exclusion/Opt-Out Requests must be submitted electronically or postmarked by September 20, 2021 and mailed to: O'Hara, et al. v. Diageo Beer USA, et al., c/o Kroll Settlement Administration, P.O. Box 225391, New York, NY 10150-5391. For more detail about opting-out of the Class, please see FAQs #9 and #11.
OBJECT OR COMMENT BY SEPTEMBER 20, 2021
You may write to the Court about why you do, or do not, like the Settlement. You must remain in the class to comment in support of or in opposition to the Settlement. Objections and comments must be filed with the Court and served on the Parties by September 20, 2021. For more detail about Objecting or commenting, please see FAQs #10 and #11.

APPEAR IN THE LAWSUIT OR ATTEND A HEARING ON OCTOBER 7, 2021

You may ask to speak in Court about the fairness of the Settlement. Written Notice of your intent to appear in the lawsuit must be filed with the Court and served on the Parties by September 20, 2021. You may enter your appearance in Court through an attorney at your own expense if you so desire. For more detail about appearing in this lawsuit or attending the final hearing, please see FAQs #10, #14, #15 and #16.
DO NOTHING
By doing nothing, you will not receive the monetary payment. You will also give up any rights to sue Diageo separately about the same legal claims in this lawsuit.


  • 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.

This website is authorized by the Court, supervised by counsel, and controlled by the Settlement Administrator approved by the Court. This is the only authorized website for this case.

For more information, please call 833-460-1724.

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

Contact us with any inquiries, comments, and/or requests.

Submit Claim

Click here to safely and securely submit a Claim Form.

Exclusion/Opt-Out

I would like to submit a Request for Exclusion Form

Important Dates

  • Exclusion/Opt-Out Deadline

    Monday, September 20, 2021 Your Exclusion/Opt-Out Request must be submitted electronically or postmarked by Monday, September 20, 2021.
  • Objection or Comments Deadline

    Monday, September 20, 2021 Objections and comments must be filed with the Court and served on the Parties by Monday, September 20, 2021.
  • Final Fairness Hearing Date

    Thursday, October 7, 2021 The Final Fairness Hearing is scheduled for Thursday, October 7, 2021. The Court will issue an order if the hearing will be by video conference, which will be posted on this website. Please check this website for updates.
  • Claim Form Deadline

    Tuesday, October 26, 2021 Claims Forms must be submitted online or postmarked by Tuesday, October 26, 2021.

Having Trouble?

Having trouble opening .pdf files? You can download Acrobat Reader  for free from www.adobe.com.

Copyright © 2021 Kroll Settlement Administration, LLC - All Rights Reserved. This site designed and developed by Kroll Settlement Administration, LLC - Privacy Policy