Rankins v. Old Lyme Class Action

The Honorable Judge Eric N. Vitaliano of the United States District Court for the Eastern District of New York is overseeing this class action. The lawsuits are known as Rankins et al. v. Old Lyme Gourmet Co. (d/b/a Deep River Snacks), Case No. 1:20-cv-1756-ENV-TAM (E.D.N.Y.) and Wong et al. v. Old Lyme Gourmet Co. (d/b/a Deep River Snacks), Case No. 3:20-CV-07095-WHO (N.D. Cal.). The persons who filed the lawsuits are called the “Plaintiffs” and the company sued, Old Lyme Gourmet Co. (d/b/a Deep River Snacks), is called the “Defendant.”

Plaintiffs filed this lawsuit against the Defendant alleging the Defendant labeled certain Deep River brand potato chips with a “Non-GMO Ingredients” graphic, which gave consumers the impression that the Products were certified by a third party, such as the Non-GMO Project, as being free from genetically modified ingredients. Plaintiffs allege that the Products were not certified by a third-party. The Defendant denies the allegations in the lawsuit. The Court has not decided who is right.

In a class action lawsuit, one or more persons called plaintiffs sue on behalf of other persons that have similar legal claims. The people are a “class” or “Settlement Class Members.” In this lawsuit, the people who sued are called the “Plaintiffs.” The company and people they are suing, Old Lyme Gourmet Co. (doing business as Deep River Snacks), is called the “Defendant.” One court resolves the issues for everyone in the class, except for those people who chose to exclude themselves (opt out) from the class.

The Court has not decided in favor of the Plaintiffs or the Defendant. Instead, both sides agreed to a Settlement to avoid the cost and risk of a trial. Settlement Class Members may submit a Claim Form for a monetary payment. The Plaintiffs and Class Counsel believe the Settlement is best for the Class and represents a fair, reasonable and adequate resolution of the lawsuit.

The Defendant denies the legal claims in the lawsuit; denies all allegations of wrongdoing, fault, liability or damage to the Plaintiffs and the class; and denies they acted improperly or wrongfully in any way. The Defendant nevertheless recognizes the expense and time that would be required to defend the lawsuit through trial and has taken this into account in agreeing to the Settlement.

You are a Settlement Class Member if you are a person in the United States who purchased any of the Products from February 2, 2017, through December 6, 2024, for personal or household use.

“Product” means potato chips sold under the Deep River Snacks brand name that contained the “Non-GMO Ingredients” graphic on the Product packaging. A complete list of the Products can be found here.

The Product Labeling “Non-GMO Ingredients” that appeared on Products looked like or was similar to the below images printed on packages. These images are different from what is currently on packages today.

You are excluded from being a Settlement Class Member if you are (a) the Released Parties; (b) all distributors, wholesalers, retailers, and licensors of the Products; (c) judges presiding over the Actions and any members of their immediate families and/or staff; (d) Persons who made a valid, timely request for exclusion; (e) the mediator Jill Sperber; and (f) any government entity.

If you are still not sure whether you are a Settlement Class Member, you may fill out a claim form here or call 1-877-759-1882.

As a result of the Settlement, the Defendant has agreed to create a Settlement Fund of $4 million. Monetary payments from the Settlement Fund will be paid to each Settlement Class Member who submits a valid and timely Claim Form.

Settlement Class Members who submit a valid and timely Claim Form by the deadline are eligible for the following monetary payment (“Monetary Benefits”):

1. Valid Claim with Proof of Purchase: If you are a Settlement Class Member and submit a Valid Claim with proof of purchase, you will receive $5.00 for the first Product and $0.50 for each additional Product. There is no limitation to the number of Products you can seek a monetary payment for if proof of purchase is provided for each claimed Product with your Claim Form.
2. Valid Claim without Proof of Purchase: If you are a Settlement Class Member and submit a Valid Claim without proof of purchase, you will receive $5.00 for the first Product and $0.50 for each additional Product up to a maximum of 10 additional Products.

If you are a Settlement Class Member and submit a Valid Claim for Products with both Proof of Purchase and without Proof of Purchase, the monetary payment benefits will be combined. For example, a Settlement Class Member may make a Valid Claim for 6 Products with Proof of Purchase (for $7.50), and 3 Products without Proof of Purchase (for $6.00) for a total of $13.50.

Each Household is limited to and may only submit one single Claim Form. For purposes of the Settlement, Household is defined as any number of natural persons who currently or during the Class Period (from February 2, 2017, through December 6, 2024) occupied the same dwelling unit.

Non-Monetary Benefit: The Defendant agrees to stop using the “Non-GMO Ingredients” graphic on the packaging of its Products. The Defendant is not required to address third-party historical depictions of the Non-GMO Ingredients text on the Defendant’s packaging including on third-party websites or elsewhere where not controlled by the Defendant.

To be eligible for a monetary payment, you must be a Settlement Class Member and you must submit a valid and timely Claim Form online here by July 28, 2025, or sign and return a valid and timely Claim Form by U.S. Mail at the address below postmarked by July 28, 2025.

Rankins v. Old Lyme Gourmet Co.
Claim Administrator
P.O. Box 3757
Portland, OR 97208-3757

A Claim Form may be obtained from the Settlement Website, or you may request a Claim Form by contacting the Claim Administrator at the address above or by calling 1-877-759-1882. You will not receive a monetary payment from the Settlement if you file a request to be excluded as a Settlement Class Member or if you do not submit a valid and timely Claim Form by the deadline.

The Court will hold a hearing on May 15, 2025 (which is subject to change), to decide whether to finally approve the Settlement. Even if the Court finally approves the Settlement, there may be appeals. The appeal process can take time, perhaps more than a year. If you file a valid and timely Claim Form, you will not receive a monetary payment until any appeals are resolved. Please be patient.

Unless you excluded yourself (“opted out”) from being a Settlement Class Member by timely submitting a request for exclusion, you will remain a Settlement Class Member. This means you cannot sue, continue to sue or be part of any other lawsuit against the Released Parties about the legal issues in this lawsuit. It also means that all of the Court’s orders will apply to you and legally bind you and that you will release the legal claims detailed in the Settlement Agreement. The Release is provided in the Settlement Agreement in Section VII in necessary legal terminology. The Settlement Agreement is available here.

Yes, the Court has appointed lawyers from the law firms Reese LLP and Sheehan & Associates, P.C. to represent you and the other Settlement Class Members. The lawyers are called Class Counsel. They are experienced in handling class action cases. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense, but you do not need to.

Class Counsel will request Attorneys’ Fees of $1,333,333.33 (one-third of the Settlement Fund). Class Counsel shall also separately apply for the reimbursement of costs and expenses. In addition, Class Counsel will request the Court approve a Service Award to each of the Class Representatives (Jewel Rankins and Darren Wong) in the amount of $5,000 each (for a total of $10,000) for their efforts in pursuing this lawsuit. If awarded by the Court, these Attorneys’ Fees and Costs and the Service Awards will be paid from the Settlement Fund. The Court may award less than these amounts for the Attorneys’ Fees and Costs and Service Awards. Additionally, the costs for the Claims Administrator to provide notice and claims administration are estimated to be $432,592. These costs will be deducted from the Settlement Fund.

We are no longer accepting Settlement exclusions as the deadline to exclude yourself passed on March 25, 2025.

If you chose to exclude yourself from the Settlement, you told the Court you did not want to be a Settlement Class Member and you will not be bound by the Settlement or any judgment in this lawsuit.

You can only get a monetary payment if you remain a Settlement Class Member and submit a valid and timely Claim Form as described above. If you remain a Settlement Class Member, you will be bound by the Settlement or any judgment in this lawsuit.

If you chose to exclude yourself from the Settlement, you did not giving up the right to sue the Released Parties for the legal claims this Settlement resolves and releases. You must have excluded yourself as a Settlement Class Member to start or continue with your own lawsuit about the legal claims involved in this Settlement.

You cannot exclude yourself from the Non-Monetary Benefit.

We are no longer accepting objections to the Settlement as the deadline to object passed on March 25, 2025.

Settlement Class Members who failed to make objections in the manner specified in this Section have waived any objections and will be prevented from making any objection to the Settlement (whether by appeal, or otherwise).

Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you remain a Settlement Class Member (meaning you do not exclude yourself). Excluding yourself is telling the Court that you do not want to be a Settlement Class Member. If you exclude yourself, you cannot object because the Settlement no longer affects you.

The Court will hold a Final Approval Hearing to decide whether to approve the Settlement. You may attend this hearing and you or your lawyer may speak at the hearing if you submitted an objection, but you or your lawyer do not have to do so. The Court will hold the Final Approval Hearing at 10:00 a.m. on May 15, 2025, at the United States District Court, for the Eastern District Court of New York at 225 Cadman Plaza East, Brooklyn, New York 11201, Courtroom 13D. If you or your lawyer would like to speak at the hearing, you must file a Notice of Intention to Appear at the Final Fairness Hearing by no later than April 14, 2025.

Note: The date and time of the Final Approval Hearing are subject to change without further notice to the Settlement Class. The Court may also decide to hold the hearing via Zoom or telephonically. You should check this Settlement Website to confirm the date of the Final Approval Hearing has not changed.

At the hearing, the Court will consider whether the Settlement is final, fair, reasonable, and adequate. If there are objections that were postmarked by the deadline, the Court will consider them. If you submitted a timely objection, and you would like to speak at the hearing, the Court will also listen to you or your lawyer speak at the hearing, if you so request.

If the Court approves the Settlement, the Settlement Benefits, including monetary payments to Settlement Class Members who submit a timely, valid, and approved Claim From will be provided after any appeals are resolved and after completion of all Claim Form processing. This could take time to complete fully. Please be patient. This Settlement Website will be updated on a regular basis to provide Settlement Class Members with updated information.

If you are a Settlement Class Member, you are subject to the Settlement unless you take the steps described in excluded yourself from the Non-Monetary Benefit.

You may attend the Final Approval Hearing, but you are not required to do so. If you submitted an objection, you may but are not required to attend Court for the Final Approval Hearing. You may also pay your own lawyer to attend or discuss your objection, but that is not necessary.

Yes, as long as you did not exclude yourself, and you submitted an objection, you or your lawyer can (but do not have to) participate and speak in this litigation and Settlement. This is called making an appearance. You also may have your own lawyer speak for you at the hearing, but you will have to pay for the lawyer yourself. If you or your lawyer would like to speak at the hearing, you must file a Notice of Intention to Appear at the Final Fairness Hearing by no later than April 14, 2025.

If you are a Settlement Class Member and you do nothing, you will not receive a monetary payment. You will give up your rights as explained in FAQ 13, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Released Parties about the legal claims that are released by the Settlement Agreement.

More details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available here, by calling 1-877-759-1882, or by writing to:

Rankins v. Old Lyme Gourmet Co.
Claim Administrator
P.O. Box 3757
Portland, OR 97208-3757

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE REGARDING THE SETTLEMENT OR THE CLAIM PROCESS.