A Court authorized this notice because you have a right to know about a proposed settlement of this class action lawsuit and about all of your options, before the Court decides whether to give final approval to the settlement. This Notice explains the lawsuit, the settlement, and your legal rights.

The Honorable Joanna Seybert, of the United States District Court Eastern District of New York, is overseeing this case. The case is called Natale et al. v. 9199-4467 Quebec Inc. d/b/a Earth Rated, Case No. 2:21-cv-6775. The people who sued are called the Plaintiffs. The Defendant is 9199-4467 Quebec Inc. d/b/a Earth Rated.

In a class action, one or more people called class representatives (in this case, Meganne Natale and Chelsea Cheng) sue on behalf of a group or a “class” of people who have similar claims. In a class action, the court resolves the issues for all class members, except for those who exclude themselves from the Settlement Class.

In this lawsuit, Plaintiffs Meganne Natale and Chelsea Cheng (collectively, the “Class Representatives”) allege that they were misled into believing the Certified Compostable Poop Bags were “compostable.” Earth Rated claims that its products are compostable and were properly labeled. Thus, Earth Rated denies all allegations of wrongdoing, and the Court has not determined who is right. Rather, the Parties have agreed to settle the lawsuit to avoid the uncertainties and expenses associated with ongoing litigation.

The Court has not decided whether the Plaintiffs or the Defendant should win this case. Instead, both sides agreed to a settlement. That way, they avoid the uncertainties and expenses associated with ongoing litigation, and Settlement Class Members will get compensation sooner rather than, if at all, after the completion of a trial.

The class action settlement applies ONLY to Earth Rated Certified Compostable Poop Bags (which are no longer available for purchase in the United States).

The class action settlement does NOT apply to or include any other Earth Rated product, including any other pet waste bags (such as those, for example, pictured below with a red “x”). The only product included in the settlement is the Certified Compostable Poop Bags. 

The Court decided that everyone who fits the following description is a member of the Settlement Class:

All persons in the United States who purchased one or more units of Earth Rated Certified Compostable Poop Bags (the “Certified Compostable Poop Bags”) during the class period which extends from October 28, 2015 to June 13, 2024, excluding persons who purchased for the purpose of resale or for purposes other than personal use.

Monetary Relief: If approved, a Settlement Fund will be created totaling $825,000.00 Settlement Class Member payments, and the cost to administer the settlement, the cost to inform people about the settlement, attorneys’ fees, costs and expenses, and awards to the Class Representatives will also come out of this fund (see Question 12).

A detailed description of the settlement benefits can be found in the Settlement Agreement on the Important Documents page.

You must submit a Claim Form to receive a share of the Settlement Fund. If you submit a Claim Form without proof of purchase, you will receive a payment of $2.00 per unit of Certified Compostable Poop Bag purchased, up to $6.00. If you submit a Claim Form with proof of purchase, you will receive a payment of $2.00 per unit of Certified Compostable Poop Bag purchased, subject to no cap. Those awards may be subject to pro rata adjustment depending on the number of valid claims that are filed.

The hearing to consider the fairness of the settlement is scheduled for October 23, 2024, at 10:30 a.m. PST. If the Court approves the settlement, eligible Class Members will receive their payment 30 days after the settlement has been finally approved and/or after any appeals process is complete. The payment will be made in the form of a check (unless an emailed virtual debit card is selected), and all checks will expire and become void 180 days after they are issued.

Under the terms of the Settlement Agreement, “Certified Compostable Poop Bag” means a unit of Earth Rated Certified Compostable Poop Bags bearing one of the following SKU names: COMP60, ERCOMP120, ERCOMP105WEB, or ERCOMP225WEB.

You must complete and submit a Claim Form to receive a payment from the Settlement Fund. You may submit a Claim Form either electronically on this website by clicking on "File a Claim", or by printing and mailing in a paper Claim Form, copies of which are available for download on the Important Documents page. Claim Forms must be submitted online by 11:59 p.m. EST on December 9, 2024 or postmarked and mailed by December 9, 2024.

If the settlement becomes final, you will give up your right to sue the Defendant and other Released Parties for the claims being resolved by this settlement. The specific claims you are giving up against the Defendant are described in the Settlement Agreement. You will be “releasing” the Defendant and certain of its affiliates, employees, distributors, retailers, representatives, and others as described in Section 1.24 of the Settlement Agreement. Unless you exclude yourself (see Question 13), you are “releasing” the claims, regardless of whether you submit a claim or not. The Settlement Agreement is available through the “Important Documents” link on the website.

The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions you can talk to the lawyers listed in Question 11 for free or you can, of course, talk to your own lawyer if you have questions about what this means.

The Court has appointed Bursor & Fisher, P.A. to be the attorneys representing the Settlement Class. They are called “Class Counsel.” They believe, after conducting an extensive investigation, that the Settlement Agreement is fair, reasonable, and in the best interests of the Settlement Class. You will not be charged for or by these lawyers. If you want to be represented by your own lawyer in this case, you may hire one at your expense.

The Defendant has agreed that Class Counsel attorneys’ fees and costs may be paid out of the Settlement Fund in an amount to be determined by the Court. The fee petition will seek no more than one-third (1/3) of the Settlement Fund in attorneys’ fees as well as reimbursement of Class Counsel’s costs and expenses incurred on behalf of Plaintiffs and the Class. The Court may award less than this amount.

Subject to approval by the Court, Defendant has also agreed that the Class Representatives may be paid a Service Award of $5,000 each from the Settlement Fund for their services in helping to bring and resolve this case.

If you had wanted to exclude yourself from the Settlement, you could have written to the Settlement Administrator about why you wanted to exclude yourself from the Settlement by no later than September 23, 2024. The deadline to exclude yourself from the Settlement has passed.

No. Unless you exclude yourself, you give up any right to sue the Defendant for the claims being resolved by this settlement.

No. Unless you excluded yourself, you gave up any right to sue the Defendant for the claims being resolved by this settlement.

If you are a Class Member, you could have objected to the Settlement if you didn’t like any part of it. To object, you must have filed with the Court a letter or brief stating that you object to the Settlement and sent a copy to Class Counsel and Defendant’s Counsel.

Class Counsel filed with the Court and posted on this website its request for attorneys’ fees on September 9, 2024.

If you wanted to appear and speak at the Final Approval Hearing to object to the Settlement, with or without a lawyer, you must have said so in your letter or brief. The deadline to file an objection was September 23, 2024, and has passed.

Objecting simply means telling the Court that you don’t like something about the settlement. You can object only if you stay in the Settlement Class. Excluding yourself from the Class is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

The Court will hold the Final Approval Hearing at 10:30 a.m. EST on October 23, 2024 at the Alfonse M. D’Amato Federal Building, 100 Federal Plaza, Courtroom 1030, Central Islip, New York 11722. The purpose of the hearing will be for the Court to determine whether to approve the settlement as fair, reasonable, adequate, and in the best interests of the Settlement Class; to consider the Class Counsel’s request for attorneys’ fees and expenses; and to consider the request for Service Awards to the Class Representatives. At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the settlement.

The hearing may be postponed to a different date or time without notice, so it is a good idea to check for updates by visiting the Settlement Website or calling (877) 495-3332. If, however, you timely objected to the settlement and advised the Court that you intend to appear and speak at the Final Approval Hearing, you will receive notice of any change in the date of the Final Approval Hearing.

No. Class Counsel will answer any questions the Court may have. But, you are welcome to come at your own expense. If you send an objection or comment, you don’t have to come to Court to talk about it. As long as you filed and mailed your written objection on time, the Court will consider it. You may also pay another lawyer to attend, but it is not required.

Yes. You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must include in your letter or brief objecting to the settlement a statement saying that it is your “Notice of Intent to Appear Natale et al. v. 9199-4467 Quebec Inc. d/b/a Earth Rated, Case No. 2:21-cv-6775.” It must include your name, address, telephone number and signature as well as the name and address of your lawyer, if one is appearing for you. Your objection and notice of intent to appear must have been filed with the Court and postmarked no later than September 23, 2024, and been sent to the Court, Class Counsel, and Defendants Counsel.

The Notice summarizes the settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement on the Important Documents page. You may also write with questions to Earth Rated Compostable Settlement, c/o JND Legal Administration, P.O. Box 91398, Seattle, WA 98111. You can call the Settlement Administrator at (877) 495-3332 or Class Counsel at (925) 300-4455, if you have any questions. Before doing so, however, please read this full Notice carefully. You may also find additional information elsewhere on this website.