If you missed the February 20, 2026 deadline to file a claim in the ZOA Energy “0 Preservatives” settlement, you will not receive any payment from the $3 million settlement fund. Late claims are not being accepted. Worse, unless you submitted an opt-out request by February 13, 2026, you are still legally bound by the settlement terms, which means you have also given up your right to sue ZOA Energy independently over the same labeling claims. In practical terms, missing both deadlines leaves you with no money and no future legal recourse on this specific issue.
The lawsuit, *Mikhail Gershzon v. ZOA Energy, LLC*, alleged that ZOA Energy drinks — co-founded by Dwayne “The Rock” Johnson — were misleadingly labeled “0 Preservatives” despite containing citric acid and ascorbic acid, both of which can function as preservatives. The $3 million settlement covered any ZOA Energy drink purchased in the United States for personal consumption between March 1, 2021 and November 21, 2025. Claimants with receipts could receive up to $150, while those without proof of purchase could still claim up to $10.
Table of Contents
- What Happens When You Miss the ZOA Energy Preservative Free Settlement Claim Deadline?
- Why the Opt-Out Deadline Mattered More Than You Think
- How the ZOA Energy Settlement Payouts Were Structured
- What You Can Still Do Before the Final Approval Hearing
- The Broader Problem With “Preservative Free” Labeling Claims
- How to Avoid Missing Future Class Action Deadlines
- What Comes Next for the ZOA Energy Settlement
- Frequently Asked Questions
What Happens When You Miss the ZOA Energy Preservative Free Settlement Claim Deadline?
Missing the claim deadline in a class action settlement is not the same as simply losing out on a rebate. When the court grants final approval of the zoa Energy settlement, anyone who purchased the product during the eligible period and did not opt out becomes a member of the settlement class by default. That means you are releasing your legal claims against ZOA Energy related to the “0 Preservatives” labeling — whether you filed for payment or not. The release is the trade-off the company gets in exchange for the $3 million fund, and it applies to everyone in the class regardless of whether they collected a dime. Consider someone who bought ZOA Energy regularly from 2021 through 2025, spending hundreds of dollars on a product they believed was preservative-free. If that person missed both the February 13 opt-out deadline and the February 20 claim deadline, they receive nothing from the settlement and cannot later file their own lawsuit arguing the labeling was deceptive.
The window for both options has closed. This is a harsh but standard outcome in class action litigation — the settlement binds the entire class, not just those who participate. The only scenario where missing the claim deadline would not matter is if the court declines to grant final approval at the March 26, 2026 hearing. That outcome is possible but uncommon once a settlement has reached this stage. If the settlement were rejected, the case would either go back to litigation or the parties would negotiate new terms, potentially reopening claim opportunities. But banking on that outcome is not a strategy.
Why the Opt-Out Deadline Mattered More Than You Think
Most people focus on the claim filing deadline, but for anyone who had serious concerns about the ZOA Energy labeling practices, the opt-out deadline of February 13, 2026 was arguably the more important date. Opting out would have preserved your individual right to sue ZOA Energy on your own or join a different legal action. Filing a claim, by contrast, only entitled you to a small payment in exchange for releasing those rights. However, if you had a modest purchase history — say a few cans here and there — opting out would rarely have made financial sense. Individual lawsuits over consumer product mislabeling are expensive to pursue and typically only worthwhile when damages are substantial or when an attorney is willing to take the case on contingency.
For most consumers, the practical value of opting out was minimal compared to claiming $10 without a receipt. The problem arises for people who purchased ZOA in large quantities and can document those purchases. A consumer who spent $500 or more on the product might have had a viable individual claim worth pursuing, and that option is now foreclosed. It is worth noting that opting out and filing a claim were mutually exclusive. You could not do both. If you had opted out by February 13, you would have preserved your right to independent legal action but would not have been eligible for any payment from the $3 million fund.
How the ZOA Energy Settlement Payouts Were Structured
The settlement offered two tiers of compensation. Claimants who could provide proof of purchase — receipts, bank statements, or other documentation showing ZOA Energy drink purchases — were eligible to receive $1 per can, up to a maximum of $150. Those without proof could still submit a claim for $1 per can, capped at $10. No receipt was needed for the lower tier, which made it accessible to casual buyers who did not save their grocery receipts.
For context, a single can of ZOA Energy typically retails for around $2.50 to $3.00, so the $1-per-can reimbursement represented roughly a 33 to 40 percent refund on each purchase. Someone who bought a case of 12 cans per month over the roughly four-and-a-half-year eligibility period could have documented over 600 cans, but the $150 cap meant that even heavy buyers were limited. The $10 cap without receipts essentially covered about 10 cans — a modest amount, but it required nothing more than filling out a form and affirming that you purchased the product. Because the settlement fund totals $3 million and payouts are capped per claimant, the actual per-person payment could be further reduced on a pro rata basis if claims exceed the available funds after administrative costs and attorney fees are deducted. The final amounts will not be determined until after the March 26, 2026 approval hearing.
What You Can Still Do Before the Final Approval Hearing
The Final Approval Hearing is scheduled for March 26, 2026 at 11:00 a.m. PT. While you cannot file a late claim or retroactively opt out, there is one remaining avenue: filing an objection. Class members who did not opt out have the right to object to the settlement terms before the court grants final approval. Objections typically argue that the settlement amount is too low, that attorney fees are excessive, or that the terms are otherwise unfair to the class.
Filing an objection does not get you a payment and does not remove you from the settlement class. What it does is put your concerns on the record for the judge to consider. If enough class members raise substantive objections, the court could theoretically reject the settlement or require modifications. In practice, objections rarely derail a settlement at this stage, but they are the only formal mechanism still available to class members who feel the deal is inadequate. Compared to simply doing nothing, objecting at least ensures your perspective is part of the judicial record. If you are considering an objection, you should contact the claims administratorclaims administrator[contact via the official settlement website] or visit www.ZOASettlement.com for instructions on how and where to submit one before the hearing date.
The Broader Problem With “Preservative Free” Labeling Claims
The ZOA Energy case highlights a recurring issue in food and beverage labeling litigation. Citric acid and ascorbic acid are common ingredients that serve multiple functions — flavor enhancement, pH regulation, and yes, preservation. Whether labeling a product “0 Preservatives” is misleading when it contains these ingredients depends on the manufacturer’s intent and how regulators classify the substances. The FDA does not have a single, rigid definition that resolves this question, which is why these disputes often end up in court rather than at the regulatory level. This is not an isolated case.
Similar lawsuits have targeted other food and beverage brands over “natural,” “no artificial ingredients,” and “preservative free” claims. Consumers should be aware that settlement outcomes like this one do not necessarily mean the court found the labeling to be deceptive — ZOA Energy did not admit wrongdoing as part of the settlement. The company may have simply determined that settling for $3 million was less costly and disruptive than prolonged litigation. One limitation worth flagging: the settlement only covers the specific “0 Preservatives” labeling claim. If ZOA Energy makes other marketing representations you believe are misleading, those would be separate legal matters not affected by this settlement’s release.
How to Avoid Missing Future Class Action Deadlines
The most reliable way to stay informed about class action settlements you may be eligible for is to monitor official court notification systems and sign up for alerts directly from settlement administration websites. In this case, Kroll Settlement Administration LLC managed the process and maintained www.ZOASettlement.com.
Checking your email — including spam folders — is also critical, as many settlements now use email-based notice to potential class members identified through retailer loyalty programs or prior purchase data. For future reference, keep digital copies of receipts for products you buy regularly, especially health, wellness, and food products that make specific label claims. A folder on your phone with photos of receipts takes minimal effort and can be the difference between a $10 payout and a $150 one in the next settlement that comes along.
What Comes Next for the ZOA Energy Settlement
The March 26, 2026 Final Approval Hearing will determine whether the settlement receives judicial sign-off. Assuming approval, the claims administrator will process all valid submissions and distribute payments. The timeline for checks or electronic payments to reach claimants typically ranges from a few weeks to several months after final approval, depending on whether there are appeals or administrative delays.
For those who did file on time, the waiting game begins after the hearing. For those who missed it, this settlement is effectively closed. ZOA Energy will continue selling its products, and whether the company adjusts its labeling going forward remains to be seen. The case itself serves as a reminder that label claims on consumer products are not just marketing — they carry legal weight, and when companies get them wrong, the consequences play out in courtrooms and settlement funds.
Frequently Asked Questions
Can I still file a claim for the ZOA Energy settlement?
No. The claim submission deadline was February 20, 2026, and late claims are not being accepted. There is no extension or grace period.
If I missed the claim deadline, can I still sue ZOA Energy on my own?
Only if you submitted an opt-out request by February 13, 2026. If you missed both deadlines, you are bound by the settlement and have released your right to sue independently over the “0 Preservatives” labeling claim.
How much could claimants receive from the ZOA Energy settlement?
Claimants with proof of purchase could receive $1 per can, up to $150. Those without receipts could claim up to $10 without needing documentation.
When is the Final Approval Hearing?
March 26, 2026 at 11:00 a.m. PT. The court will decide whether to approve the settlement terms at that hearing.
Who is the claims administrator for this settlement?
Kroll Settlement Administration LLC. They can be reached at (833) 890-6436 or by mail at Gershzon v. ZOA Energy, LLC c/o Kroll Settlement Administration LLC, P.O. Box 225391, New York, NY 10150-5391.
Did ZOA Energy admit the labeling was deceptive?
No. As is standard in class action settlements, ZOA Energy did not admit wrongdoing. The settlement resolves the claims without a finding of liability.
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