Newton & Leandro v. RC Bigelow Inc
NY Tea Bigelow Class Action
Case 2:22-cv-05660-LDH

Frequently Asked Questions

 

Expand/Collapse All
  • You may be a part of a class action lawsuit that is now pending against R.C. Bigelow, Inc. in the United States District Court for the Eastern District of New York, entitled Newton, et al. v. R.C. Bigelow, Inc., Case No. 2:22-cv-05660-LDH-SIL (the “Action”). The Action has been certified by the Court to proceed as a class action on behalf of a group of consumers who purchased certain Bigelow tea products.

    The persons who sued are called the “Plaintiffs” and the company they sued, R.C. Bigelow, Inc., is called the “Defendant” or “R.C. Bigelow.” Plaintiffs brought this lawsuit on behalf of two Classes of other consumers in New York who similarly purchased certain Bigelow tea products.

  • You are a Class member if you fall within the below Court-certified Class definitions:

    Camellia Sinensis Class

    All natural persons who purchased at least one 18/20 count box of Bigelow Earl Grey Black Tea Caffeine, Green Tea Caffeine, Constant Comment Black Tea Caffeine, Green Lemon Tea Caffeine, Vanilla Chai Black Tea Caffeine, English Tea Time Black Tea Caffeine, Spiced Chai Black Tea Caffeine, French Vanilla Black Tea Caffeine, or Vanilla Caramel Black Tea Caffeine, labeled as “Manufactured in the USA 100% American Family Owned” at a retail store in the State of New York, at any time from February 20, 2020 to August 5, 2021.

    Herbal Tea Class

    All natural persons who purchased at least one 18/20 count box of Bigelow Cozy Chamomile, Lemon Ginger, Lavender Chamomile, Sweet Dreams, or Orange & Spice, labeled as “Manufactured in the USA 100% American Family Owned,” at a retail store in the State of New York at any time from February 20, 2020 to August 5, 2021.

  • If you are still not sure whether you are a Class Member, you can get additional information by reviewing the documents on the Important Documents page of the website. You can also call or write to the lawyers in this case at the phone number or address listed in FAQ 11 below.

  • In this class action, Plaintiffs allege that the Bigelow tea products identified in FAQ 2 above were falsely and deceptively labeled as Manufactured in the USA based on the representation “Manufactured in the USA 100% American Family Owned” made on the tea cartons. Plaintiffs assert claims against Bigelow under N.Y. Gen. Bus. Law sections 349 and 350.

  • R.C. Bigelow denies that it did anything wrong. R.C. Bigelow’s Answer to the operative Complaint is posted on the Important Documents page of this website.

  • The Court hasn’t decided whether the Plaintiffs or R.C. Bigelow are correct. By certifying the Classes and authorizing this Notice, the Court is not suggesting which side will win or lose this case.

  • The Plaintiffs are asking for monetary damages owed to the Classes.

  • No money or benefits are available now because the Court has not yet decided whether R.C. Bigelow did anything wrong, and the two sides have not settled the case. There is no guarantee that money or benefits will be obtained. If they are, you will be notified about how to ask for a share.

  • Class members may: (1) do nothing or (2) ask to be excluded (“Opt-Out”) from one or both of the Classes.

  • If you do nothing, then you will remain in the Classes, and you will be bound by all past, present, and future orders, findings, and judgments in this Action, whether favorable or unfavorable. If any money is awarded to the Classes, either through settlement or judgment after trial, you may be entitled to receive a share of that award. If R.C. Bigelow prevails in whole or in part on any issues or claims in the Action, you will be bound by that outcome. By staying in the Classes, you will give up your right to sue R.C. Bigelow for the claims in this case.

  • If you are a member of the Classes defined in question 2 and choose to be excluded from one or both of the Classes, you must notify the class administrator (address below) in writing. By doing so, you will “Opt-Out” of this Action. If you properly Opt-Out, you will not be bound by any orders, findings, and judgments in this Action, and you may individually sue R.C. Bigelow with regard to the issues in this Action. You will not, however, be entitled to receive a share of any award of money that may be recovered on behalf of the Classes.

    To Opt-Out of one or both of the Classes, you must send a written request either by email or mail and include: (a) a statement that “I wish to opt-out of the “Camellia Sinensis Class” or the “Herbal Tea Class” or the “Camellia Sinensis and Herbal Tea Classes” in Newton, et al. v. R.C. Bigelow, Inc.” or words to similar effect that make clear your intention to be excluded from one or both of the Classes, (b) your name, email address, telephone number, and mailing address, and (c) your personal signature and the date. To be timely, your request for exclusion must be either emailed to info@NYTeaClassAction.com or mailed and postmarked on or before November 3, 2025, to the following address:

    NY Tea Class Action
    c/o JND Legal Administration
    P.O. Box 91308
    Seattle, WA 98111

  • The Court decided that the law firms of Schneider Wallace Cottrell Konecky LLP and The Wand Law Firm P.C. are qualified to represent you and all Class members. Together the law firms are called “Class Counsel.” They are experienced in handling similar cases. Class Counsel’s contact information is below:

    Todd Schneider and Jason Kim
    SCHNEIDER WALLACE COTTRELL KONECKY LLP
    2000 Powell Street, Suite 1400
    Emeryville, CA 94608
    Telephone: (415) 421-7100
    www.schneiderwallace.com

    Aubry Wand
    The Wand Law Firm
    100 Oceangate, suite 1200
    Long Beach, CA 90802
    Telephone: (310) 590-4503
    www.wandlawfirm.com
    Email: bigelowteaclassaction@gmail.com

    Daniella Quitt
    GLANCY PRONGAY & MURRAY LLP
    745 Fifth Avenue, 5th FL
    New York, NY 10151
    Telephone: (212) 935-7400

  • You do not need to hire your own lawyer because Class Counsel is working on your behalf. But, if you want your own lawyer, you will have to pay that lawyer. For example, you can ask your own lawyer to appear in Court for you if you want someone other than Class Counsel to speak for you.

  • If Class Counsel recover money or benefits for the Classes, they may ask the Court for fees and expenses. Class Counsel have agreed to represent the Classes on a contingency basis, which means that they will be awarded attorneys’ fees and costs, subject to approval by the Court, only if they obtain a recovery for the Classes from R.C. Bigelow either through settlement or judgment after trial. You will not be individually responsible for paying any attorneys’ fees or costs to Class Counsel regardless of whether there is any recovery for the Classes.

  • The Court has not yet set a trial date. If a trial occurs, it will take place in the United States District Court for the Eastern District of New York, located at 225 Cadman Plaza East Brooklyn, New York 11201, in Courtroom 4H North. During the trial, a jury will hear evidence to help them reach a decision about whether the Plaintiffs or R.C. Bigelow are right about the claims in the lawsuit. For updates, please check this website.

  • You do not need to attend the trial. Class Counsel will present the case for the Plaintiffs, and R.C. Bigelow will present the defenses. You or your own lawyer are welcome to come at your own expense.

  • If the Plaintiffs obtain money or benefits as a result of the trial or a settlement, you will be notified about how to participate. We do not know how long this will take.

  • The Notice summarizes the Action. For more information, you can contact Class Counsel at the information listed above, or access the Court docket in this case, through the Court’s Public Access to Court Electronic Records (PACER) system. You can also visit the Important Documents page of this website or call the class administrator at 1-877-206-2315.

PLEASE DO NOT CONTACT THE COURT TO INQUIRE ABOUT THIS CASE

For More Information

Visit this website often to get the most up-to-date information.

Mail
NY Tea Class Action
c/o JND Legal Administration
PO Box 91308
Seattle, WA 98111