UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Mikhail Gershzon v. ZOA Energy, LLC, Case No. 3:23-cv-5444-JD
NOTICE OF CLASS ACTION AND PROPOSED SETTLEMENT
IF YOU LIVE IN THE UNITED STATES AND PURCHASED ANY ZOA ENERGY
DRINK LABELED WITH THE STATEMENT “0 PRESERVATIVES” BETWEEN
MARCH 1, 2021, AND NOVEMBER 21, 2025, A CLASS ACTION SETTLEMENT
MAY AFFECT YOUR RIGHTS.
A federal Court authorized this Long Form Notice (“Notice”).
You are not being sued. This Notice is not a solicitation from a lawyer.
• A Settlement has been reached in the class action lawsuit (“Action”) styled
Gershzon v. ZOA Energy, LLC, Case No. 3:23-cv-5444-JD, pending in the United
States District Court for the Northern District of California. The lawsuit alleges that
the statement “0 Preservatives” on the labels of ZOA Energy drinks (“Products”) is
misleading because it contains citric and ascorbic acids. Based on this allegation,
Mikhail Gershzon (“Plaintiff” or “Class Representative”) asserted claims against
Defendant ZOA Energy, LLC (“Defendant” or “ZOA”) for breach of warranty,
violation of California’s Business and Professions Code § 17200, et. seq.,
California’s Business & Professions Code § l7500, et. seq., California’s Civil Code
§ 1750, et seq., and restitution on the basis of quasi-contract/unjust enrichment.
• ZOA denies these allegations and maintains that its labeling and marketing are
truthful, accurate, and compliant with applicable law. The Court did not rule in
favor of either side. The Parties agreed to settle this case to avoid the expense and
risk associated with the lawsuit. This Settlement will resolve all claims of all
Settlement Class Members against Defendant involving the Products.
• You are included in the Settlement if you are a resident of the United States who
purchased any ZOA Energy drink with a label stating “0 Preservatives” in the
United States for personal consumption and not for resale or distribution between
March 1, 2021, and November 21, 2025.
To settle the lawsuit, ZOA Energy has agreed to provide a Settlement Fund of three million
dollars ($3,000,000) to pay the following: Settlement Payment for Approved Claims to
individuals who live in the United States and purchased any ZOA Energy drink with a label
stating “0 Preservatives” in the United States for personal consumption and not for resale
Questions? Go to www.zoasettlement.com or call (833) 890-6436
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or distribution between March 1, 2021 and November 21, 2025; Attorneys’ Fees and Costs
Award; Notice and Other Administrative Costs; and Class Representative Service Awards.
If the total value of all Approved Claims exceeds the funds available after allocation or
distribution of the Fees and Costs Award, the Notice and Other Administrative Costs, and
the Service Awards, then the amounts of the Settlement Payments per claim will be reduced
pro rata, as necessary, to use all of the funds available for distribution to Class Members.
Any such pro rata adjustment will be calculated prior to distribution of funds (i.e., will be
made in a single distribution). Those Class Members whose payments are not redeemed
(e.g., uncashed checks) within one hundred and eighty (180) calendar days after issuance
(“Unredeemed Payments”) will be ineligible to receive a Settlement Payment, and the
Claims Administrator will have no further obligation to make any payment from the
Settlement Fund or otherwise to such Class Member. Any Unredeemed Payments,
including interest accrued thereon, will be donated cy pres to the Clean Label Project.
Class Members who submit Approved Claims with receipts will be capped at a Settlement
Payment of One Hundred Fifty Dollars ($150) per household.
Class Members who submit Claims without receipts will be capped at a Settlement
Payment of Ten Dollars ($10) per household.
Each Class Member may submit a claim either electronically (i.e., through the Settlement
Website at www.zoasettlement.com ) or by mail.
This Notice summarizes the Settlement. For the precise terms and conditions of the
Settlement, please: (i) see the Settlement Agreement, which is available at
www.zoasettlement.com; or (ii) contact the Claims Administrator by calling the toll-free
telephone number: (833) 890-6436 or writing to:
Gershzon v. ZOA Energy, LLC
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391
Your legal rights will be affected regardless of whether you do or do not act.
Read this Notice carefully.
This Notice summarizes the proposed Settlement. For the precise terms of the Settlement,
please see the settlement agreement available at www.zoasettlement.com, by contacting
class counsel at [email protected], by accessing the Court docket in this case,
for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system
Questions? Go to www.zoasettlement.com or call (833) 890-6436
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at https://ecf.cand.uscourts.gov, or by visiting the office of the Clerk of the Court for the
United States District Court for the Northern District of California, 450 Golden Gate
Avenue, San Francisco, CA 94102, between 9:00 a.m. and 4:00 p.m., Monday through
Friday, excluding Court holidays.
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S
OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM
PROCESS.
This Notice explains the following rights and options—and the deadlines to exercise
them.
Your Legal Rights and Options in this Settlement
You must submit a Claim to get money from this Settlement.
Claim Forms must be submitted online or postmarked by
Submit a Claim
February 20, 2026.
Form by
By submitting a Claim, you agree to be bound by the Settlement,
February 20, 2026
and you give up your right to sue or continue to sue Defendant
for the claims released by the Settlement.
If you do nothing, you agree to be bound by the Settlement, you
give up your rights to sue Defendant for the claims released by
Do Nothing
the Settlement, and you will not get money from the Settlement.
Get out of the Settlement. Get no money from the Settlement.
Keep your rights.
Exclude Yourself (or
“Opt Out”) by This is the only option that allows you to keep your right to sue
ZOA Energy, LLC, about the claims in this Action. You will not
February 13, 2026
get any money from the Settlement. Your request to exclude
yourself (Opt-Out) must be POSTMARKED by February 13,
2026.
You cannot both exclude yourself and object.
Questions? Go to www.zoasettlement.com or call (833) 890-6436
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Stay in the Settlement, but tell the Court why you think the
Settlement, the amount of attorneys’ fees and expenses, or the
Object to the
award to the Class Representative should not be approved.
Settlement by
Objections must be POSTMARKED by February 13, 2026.
February 13, 2026
You may still submit a Claim Form even if you object. You
cannot both exclude yourself and also object.
You can ask to speak in Court about the fairness of the
Settlement, the amount of attorneys’ fees, or award to the Class
Go to the Final
Representative, at your own expense. See Questions 17-19 below
Approval Hearing
for more details.
The Final Approval Hearing is scheduled for March 26, 2026 at
10:00 a.m. PT
These rights and options—and the deadlines to exercise them—are explained in this
Notice. The deadlines may be moved, canceled, or otherwise modified, so please check the
Settlement Website at www.zoasettlement.com regularly for updates and further details.
The Court in charge of this lawsuit has preliminarily approved the Settlement and will hold
a hearing to make a final decision on whether to approve it. The proposed relief offered to
Class Members will be provided only if the Court gives final approval to the Settlement
and, if there are any appeals, after the appeals are resolved in favor of the Settlement.
Questions? Go to www.zoasettlement.com or call (833) 890-6436
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WHAT THIS NOTICE CONTAINS
Basic Information
1. Why did I get this Notice?
2. What is this case about?
3. Why is there a Settlement?
4. Why is this a class action?
5. How do I know if I am included in the Settlement?
The Settlement Benefits
6. What does this Settlement provide?
7. How do I make a Claim?
8. What am I giving up as part of the Settlement?
9. Will the Class Representative receive any compensation for his efforts in
bringing this lawsuit?
Excluding Yourself from the Settlement
10. How do I exclude myself from the Settlement?
11. If I do not exclude myself, can I sue later?
12. What happens if I do nothing at all?
The Lawyers Representing You
13. Do I have a lawyer in the lawsuit?
14. How will the lawyers be paid?
Objecting To The Settlement
15. How do I tell the Court that I do not like the Settlement?
16. What is the difference between objecting and asking to be excluded?
The Final Approval Hearing
17. When and where will the Court decide whether to approve the Settlement?
18. Do I have to come to the hearing?
19. May I speak at the hearing?
Do Nothing
20. What happens if I do nothing?
Get More Information
21. How do I get more information about the Settlement?
Questions? Go to www.zoasettlement.com or call (833) 890-6436
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BASIC INFORMATION
1. Why did I get this Notice?
You are receiving this Court-authorized Notice because you may be a Class Member in a
proposed Settlement regarding allegedly inaccurate labeling found on ZOA Energy drink
Products that contained the statement “0 Preservatives” on the label.
For purposes of Settlement only, the Court has certified a class (“Settlement Class”). You
are a member of the Settlement Class (“Settlement Class Member”) if you are a resident of
the United States who purchased any ZOA Energy drink with a label stating “0
Preservatives” in the United States for personal use and not for resale or distribution
between March 1, 2021 and November 21, 2025.
This Notice explains the nature of the Action and the Claims being settled, your legal rights,
and the proposed benefits to the Class.
2. What is this case about?
Judge James Donato of the Northern District of California is overseeing this matter,
Mikhail Gershzon v. ZOA Energy, LLC, Case No. 3:23-cv-5444-JD, which was brought on
behalf of the Plaintiff and a putative class of similarly situated consumers. The person who
brought the lawsuit is called the “Plaintiff,” and the company sued is called the
“Defendant.”
Plaintiff Mikhail Gershzon filed the lawsuit against ZOA Energy, LLC, individually and
on behalf of certain others who purchased ZOA Energy Drinks labeled with the statement
“0 Preservatives” on the label for personal use between March 1, 2021 and November 21,
2025.
Plaintiff alleges that ZOA Energy Drinks bearing the statement “0 Preservatives” on the
label were misleading to reasonable consumers because the Products contained citric and
ascorbic acid, which were allegedly used as chemical preservatives.
Defendant denies the Plaintiff’s allegations that it violated any law or caused any harm as
alleged in the lawsuit. Defendant asserts that the labeling and marketing of its Products
were truthful and accurate. The Parties agreed to settle this case to avoid the expense and
risks associated with the lawsuit.
The Court has not decided who is right.
To obtain more information about this case and the Settlement, please see Question 21
below.
Questions? Go to www.zoasettlement.com or call (833) 890-6436
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3. Why is there a Settlement?
The Court did not decide in favor of the Plaintiff or Defendant. Instead, both sides agreed
to settle this case to avoid the expense and risks associated with the lawsuit.
The Plaintiff, Defendant, and their attorneys believe the proposed Settlement is fair,
reasonable, adequate, and is, therefore, in the best interest of the Class Members. This
Settlement provides injunctive relief and immediate monetary relief to the Settlement Class
without the cost, time, and expense of litigating, which can take years.
Full details about the proposed Settlement can be found in the Settlement Agreement,
available at www.zoasettlement.com .
4. Why is this a class action?
In a class action, one or more people called “Class Representatives” (in this case, Mikhail
Gershzon) sue on behalf of people who have similar claims. All of these people who may
have similar claims form a “Class” and are called “Class Members.” The Settlement
resolves the issues for all Class Members, except those who exclude themselves from the
Class (Opt-Out), as explained in Question 10.
5. How do I know if I am included in the Settlement?
You are included in the Settlement as a Class Member if you are a resident of the United
States who purchased any ZOA Energy drink with a label stating “0 Preservatives” in the
United States for personal use and not for resale or distribution between March 1, 2021 and
November 21, 2025.
The Settlement Class excludes: (1) the Released Parties; (2) any government entities; (3)
persons who made a valid, timely request for exclusion; (4) the Honorable James Donato
and any members of his immediate family; and (5) all individuals, distributors, wholesalers,
retailers, or others who purchased the Products for the purpose of selling it to someone
else.
If you are not sure whether you are a member of the Class, or have any other questions
regarding the Settlement, please visit www.zoasettlement.com or write with questions to
Gershzon v. ZOA Energy, LLC, c/o Kroll Settlement Administration LLC, P.O. Box
225391, New York, NY 10150-5391.
Questions? Go to www.zoasettlement.com or call (833) 890-6436
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THE SETTLEMENT BENEFITS
6. What does the Settlement provide?
If the proposed Settlement is finally approved by the Court, and after any appeals are
resolved (if any appeals are filed) in favor of the Settlement, Defendant has agreed to refund
you as follows based upon whether or not you have proof of purchase:
Without Receipt(s): You will get $1 per unit purchased, up to a maximum of $10 per
Household;
or
With Receipt(s): You will get reimbursed $1 per unit purchased up to a maximum of $150
per Household.
A Settlement Class Member may make only a single Claim and must choose the most
appropriate scenario for their situation. If a Proof of Purchase is rejected by the Claims
Administrator, the Claim request will be treated as one without Proof of Purchase and be
subject to applicable maximum limits.
There is a $3 million cap for the total Settlement Fund—including Attorneys’ Fees and
Costs Award, Notice and Other Administrative Costs, and Service Awards for the Class
Representative. If the total value of all Approved Claims exceeds the funds available after
allocation or distribution of the Notice and Other Administrative Costs, the Fees and Costs
Award, and the Service Award, then the amounts of the Settlement Payments per claim will
be reduced pro rata, as necessary, to use all of the funds available for distribution to Class
Members. Any such pro rata adjustment will be calculated prior to distribution of funds
(i.e., will be made in a single distribution).
Those Class Members whose payments are not redeemed (e.g., uncashed checks) within
one hundred and eighty (180) calendar days after issuance (“Unredeemed Payments”) will
be ineligible to receive a Settlement Payment, and the Claims Administrator will have no
further obligation to make any payment from the Settlement Fund pursuant to this
Settlement Agreement or otherwise to such Class Member. Any Unredeemed Payments,
including interest accrued thereon, will be donated cy pres to the Clean Label Project.
The Claims Deadline to make an Approved Claim is 11:59 p.m. Pacific Time on February
20, 2026. To make a Claim, please visit www.zoasettlement.com.
7. How to make a Claim?
Questions? Go to www.zoasettlement.com or call (833) 890-6436
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You must submit a Claim Form, with or without Proof of Purchase, to be eligible to receive
any money from the Settlement. Proof of Purchase is a receipt or purchase record from a
Released Party, a removed UPC code, or other documentation from a third-party
commercial source reasonably establishing the fact and date of purchase of the applicable
Product during the Class Period in the United States. You may complete the Claim Form
online at www.zoasettlement.com ; and submit it by mail at Gershzon v. ZOA Energy, LLC,
c/o Kroll Settlement Administration LLC, P.O. Box 225391, New York, NY 10150-5391 .
Your Claim Form must be signed under penalty of perjury and postmarked or submitted
online no later than 11:59 p.m. Pacific Time on February 20, 2026.
8. What am I giving up as part of the Settlement?
Unless you exclude yourself (Opt-Out), you will be included in the Settlement if it is
approved by the Court. By staying in the Class, you will be eligible to receive monetary
benefits provided by the Settlement, to which you may be entitled, and you will release the
Defendant from all of the Released Claims in this lawsuit, whether or not you file a valid
Claim Form.
This means that you will no longer be able to sue ZOA Energy, LLC regarding any of the
Released Claims if you are a Class Member and do not timely and properly Exclude
yourself (Opt-Out) from the Class. “Released Claims” are defined in Section 1.30 of the
Settlement Agreement.
Upon the Effective Date and by operation of the judgment, the Releasing Parties shall have
fully, finally, and forever released, relinquished, and discharged against the Released
Parties all Released Claims (including, without limitation, any unknown claims), as well
as any claims arising out of, relating to, or in connection with, the defense, settlement, or
resolution of this Action or the Released Claims.
The full text of the Settlement Agreement, which includes all the provisions about settled
Claims and Releases, is available at www.zoasettlement.com.
9. Will the Class Representatives receive any compensation for their
efforts in bringing this lawsuit?
Possibly. The Class Representative will request a Service Award of up to a maximum total
amount of $7,500 to compensate him for services as a Class Representative, including, but
not limited to his efforts in bringing the lawsuit and resolving the matter on behalf of the
Class. The Court will make the final decision as to the amount, if any, to be paid to the
Class Representative.
EXCLUDING YOURSELF FROM THE SETTLEMENT
Questions? Go to www.zoasettlement.com or call (833) 890-6436
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10. How do I exclude myself (Opt-Out) from the Settlement?
If you do not want to be part of the Settlement, you must send a written request for
exclusion (Opt-Out). If you exclude yourself, you cannot file a claim or object to the
Settlement, and you will not be entitled to any monetary payments from the Settlement.
The request to exclude yourself from the Settlement must be made on an individual basis
and postmarked (in the case of a paper mail submission) or received (in the case of
personal delivery) by the Claims Administrator at the below address on or before 11:59
p.m. Pacific Time on February 13, 2026:
Gershzon v. ZOA Energy, LLC
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391
The Opt-Out request must contain the requestor’s name and address, the words “I wish to
be excluded from the ZOA Energy Drink Class Action,” and the requestor’s signature.
Instructions on how to submit an Opt-Out request are available at www.zoasettlement.com
or by calling the Claims Administrator.
11. If I do not exclude myself, can I sue later?
No. If you are a Class Member and you do not exclude yourself (Opt-Out) from the
Settlement and the Settlement is finally approved by the Court, you forever give up the
right to sue ZOA Energy, LLC., and the Released Parties for all the Released Claims, which
this Settlement fully and finally resolves.
If you submit a valid and timely request to be excluded (Opt-Out), you cannot Object to
the proposed Settlement. However, if you ask to be excluded, you may sue or continue to
sue ZOA Energy, LLC, or the Released Parties about the same claims resolved by this
Settlement in the future. You will not be bound by anything that happens in this lawsuit.
12. What happens if I do nothing at all?
If you are a Class Member, do nothing, and the Settlement is finally approved by the Court,
you forever give up the right to sue ZOA Energy, LLC and the Released Parties for the
Released Claims, which this Settlement fully and finally resolves.
THE LAWYERS REPRESENTING YOU
13. Do I have a lawyer in the case?
Yes. The Court has ordered that Michael D. Braun of Kuzyk Law, LLP and Peter N.
Wasylyk of the Law Offices of Peter N. Wasylyk (together, “Class Counsel”) will represent
Questions? Go to www.zoasettlement.com or call (833) 890-6436
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the interests of all Class Members. Class Members will not be separately charged for these
lawyers. If you want to be represented by your own lawyer, you may hire one at your own
expense.
14. How will the costs of the lawsuit and Settlement be paid?
The Claims Administrator’s and Notice and Other Administration Costs and fees associated
with administering the Settlement, including all costs associated with the publication of the
Notice of Settlement will be paid out of the Settlement Fund. Class Counsel’s reasonable
attorneys’ fees and costs related to obtaining the Settlement consistent with applicable law
will also be paid out of the Settlement Fund, subject to Court approval. Class Counsel shall
apply for attorneys’ fees no greater than one-third of the Settlement Fund ($1,000,000).
The Class Representative will also request that the Court approve a payment of up to $7,500
from the Settlement Fund, as an Service Award for his participation as the Class
Representative, for taking on the risk of litigation, and for settlement of his individual
Claim as a Class Member. Actions. The amounts are subject to Court approval and the
Court may award less.
OBJECTING TO THE SETTLEMENT
15. How do I tell the Court that I do not like the Settlement?
You can ask the Court to deny approval of the Settlement by filing an objection. You cannot
ask the Court to order a different settlement; the Court can only approve or reject the
settlement. If the Court denies approval, no Settlement Payments will be sent out, and the
lawsuit will continue. If that is what you want to happen, you should object.
Any objection to the proposed settlement must be in writing. If you file a timely written
objection, you may, but are not required to, appear at the Final Approval Hearing, either in
person or through your own attorney. If you appear through your own attorney, you are
responsible for hiring and paying that attorney. All written objections and supporting papers
must:
(a) Identify the case name and number Mikhail Gershzon v. ZOA Energy, LLC, Case No.
3:23-cv-5444-JD;
(b) Provide the name, address, telephone number, and, if available, the email address of
the Person objecting and their Counsel if represented;
(c) A detailed statement of Objection(s), including the grounds for those Objection(s);
(d) Objections must be submitted to the Court either by filing them electronically or in
person at any location of the United States District Court for the Northern District of
California or by mailing them to the Class Action Clerk, United States District Court for
Questions? Go to www.zoasettlement.com or call (833) 890-6436
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the Northern District of California, 450 Golden Gate Avenue San Francisco, CA 94102;
and be filed or postmarked on or before February 13, 2026.
16. What is the difference between objecting and asking to be excluded?
Objecting is simply telling the Court that you don’t like something about the Settlement.
You can Object only if you stay in the Class.
Excluding yourself (Opting Out) is telling the Court that you don’t want to be part of the
Class. If you exclude yourself, you have no basis to Object because the Settlement no
longer affects you.
THE FINAL APPROVAL HEARING
17. When and where will the Court decide whether to approve the Settlement?
A Court has preliminarily approved the Settlement and will hold a Final Approval Hearing
to determine whether to give final approval to the Settlement. The purpose of the Final
Approval Hearing is for the Court to determine whether the Settlement should be approved
as fair, reasonable, adequate, and in the best interests of the Class, and to consider the award
of attorneys’ Fees and Costs Award to Class Counsel and to consider the request for Service
Awards to the Class Representative. If there are any valid, timely Objections, the Court
will consider them and listen to the people who have asked to speak at the hearing, if a
request to do so was properly made,
The Court will hold the Final Approval Hearing on March 26, 2026, at 10:00 a.m. PT in
the United States District Court for the Northern District of California, Courtroom 11, 19th
Floor, 450 Golden Gate Avenue, San Francisco, CA 94102, in Courtroom 8D South. The
hearing may be postponed to a different time, date, or location without additional notice,
so it is recommended that you periodically check www.zoasettlement.com for updated
information.
Questions? Go to www.zoasettlement.com or call (833) 890-6436
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18. Do I have to come to the hearing?
No, you are not required to come to the Final Approval Hearing. However, you are
welcome to attend the hearing at your own expense.
If you submit an Objection, you do not have to come to the hearing to talk about it. As long
as you submitted the written Objection according to the instructions in Question 15
(including all of the information required), and it was received on time, the Court will
consider it. You also may pay your own lawyer to attend the Final Approval Hearing, but
that is not necessary.
19. May I speak at the hearing?
Yes, you may speak at the Final Approval Hearing, but you must ask the Court for
permission. To request permission to speak, you must have filed an Objection according to
the instructions in Question 15, including all of the information required.
You cannot speak at the hearing if you exclude yourself (Opt-Out) from the Settlement.
DO NOTHING
20. What happens if I do nothing?
If you do nothing and the Settlement is finally approved by the Court, you will not get
any money from the Settlement, you will not be able to sue for the Claims in this lawsuit,
and you will release Claims against Defendant and the Released Parties.
GETTING MORE INFORMATION
21. How do I get more information about the Settlement?
This is only a summary of the proposed Settlement. If you want additional information
about this lawsuit, including a copy of the actual Settlement Agreement, the complaint filed
in this Action, the Court’s Preliminary Approval Order, Class Counsel’s application for
attorneys’ fees and costs, how to update your address, other pertinent information, and to
check the status of the Settlement or if the Settlement has been approved by the Court,
please visit www.zoasettlement.com
You may also contact the Claims Administrator at (833) 890-6436
PLEASE DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR
ACTION TO THE CLERK OF THE COURT OR THE JUDGE.
Questions? Go to www.zoasettlement.com or call (833) 890-6436
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