Ducktrap Smoked Salmon Class Action Settlement

Neversink General Store et al. v. Mowi USA, LLC et al.,

United States District Court, Southern District of New York, Case No. 1:20-cv-09293-PAE

If you purchased a Ducktrap River of Maine smoked Atlantic salmon product from March 1, 2017 to May 13, 2021, you are entitled to make a claim for a cash payment.

Important Dates

September 10, 2021 — Deadline to submit a Claim Form online or by mail (postmarked).

September 10, 2021 — Deadline to file a written Objection to the Settlement or Request for Exclusion

November 19, 2021 — Final Approval Hearing

This class action settlement will resolve a lawsuit against Mowi USA, LLC, Mowi Ducktrap, LLC, Mowi USA Holding, LLC, and Mowi ASA (collectively, “Mowi”) involving the marketing of Ducktrap River of Maine smoked Atlantic salmon products, including those marketed under the Ducktrap River of Maine, Kendall Brook, Spruce Point, Marine Harvest, and Nova Lox brand names. The lawsuit contends that these products were inappropriately marketed as sustainably sourced, all natural, and from Maine. The lawsuit seeks to stop such marketing and to refund to customers a portion of the purchase price. Mowi denies these allegations and maintains that its marketing was at all times truthful and accurate.

The Court has not made a determination as to whether the allegations against Mowi have merit. Instead, the parties have proposed to enter into a class-action settlement to resolve the claims asserted in the settlement. In connection with this settlement, Mowi will provide each Settlement Class Member who submits a valid and timely claim a cash payment of up to two dollars and fifty cents ($2.50) per package of Ducktrap smoked Atlantic salmon purchased between March 1, 2017 and May 13, 2021, up to a maximum of $25.00 per household. The maximum of $25.00 per household does not apply if valid proof of purchases are submitted. In addition, Mowi has agreed to make changes to the labeling of Ducktrap River of Maine smoked Atlantic salmon products.

YOUR RIGHTS AND OPTIONS IN THIS SETTLEMENT DEADLINE

Submit a Claim

The only way to receive a cash payment in connection with this settlement is to submit a timely and valid claim. See FAQ 5-7 for more information. September 10, 2021

Exclude Yourself

If you exclude yourself from the Settlement Class (also called “opting out”), you will give up your right to receive a settlement payment, but will retain any rights you may have to bring your own lawsuit about the issues in this lawsuit. See FAQ 9 for more information. September 10, 2021

Object or Comment

If you do not exclude yourself from the Settlement Class, you may object to, or comment on, the settlement and/or Settlement Class Counsel’s request for attorneys’ fees and litigation expenses and for a Class Representative Service Award to the plaintiffs who brought this lawsuit on behalf of the Settlement Class. See FAQ 10 for more information. September 10, 2021

Go to a Hearing

Ask to speak to the Court about the fairness of the settlement, the amount of attorney’s fees, or the payments to the Plaintiffs. See FAQ 10 and 15–17 for more information. November 19, 2021, 2:00 pm

Do Nothing

If you do nothing and the settlement becomes final, you will not receive a settlement payment, even if you are a Settlement Class Member. You will give up your right to bring your own lawsuit about the issues in this lawsuit. See FAQ 5-6, 8, 11 for details.