The ZOA Energy “0 Preservatives” class action settlement offered up to $150 to consumers who purchased ZOA Energy drinks that were labeled as preservative-free despite allegedly containing citric acid and ascorbic acid, both of which can function as chemical preservatives. The settlement, reached in *Mikhail Gershzon v. ZOA Energy, LLC* (Case No. 3:23-cv-5444-JD) in the U.S. District Court for the Northern District of California, created a $3 million fund for eligible buyers.
However, the claim filing deadline of February 20, 2026 has already passed, and the opt-out deadline of February 13, 2026 has also expired. The final approval hearing is scheduled for March 26, 2026 at the San Francisco Courthouse. If you bought ZOA Energy drinks — the brand co-owned by Dwayne “The Rock” Johnson — between March 1, 2021 and November 21, 2025 and filed a claim before the deadline, you could receive $1.00 per can with proof of purchase (up to $150) or $1.00 per can without proof (up to $10). For someone who regularly stocked up on ZOA at their local grocery store, that $150 cap could represent a meaningful return.
Table of Contents
- What Is the ZOA Energy Preservative-Free Settlement and Who Qualified to File a Claim?
- How Much Could You Get from the ZOA Settlement — and What Were the Limitations?
- The Preservative Labeling Allegations — Why Citric Acid and Ascorbic Acid Mattered
- What Were the Options — File a Claim, Opt Out, or Object?
- What Happens at the Final Approval Hearing on March 26, 2026?
- How to Contact the Claims Administrator and Check Your Claim Status
- What This Settlement Means for Future Beverage Labeling Claims
- Frequently Asked Questions
What Is the ZOA Energy Preservative-Free Settlement and Who Qualified to File a Claim?
The lawsuit alleged that zoa Energy’s “0 preservatives” labeling was misleading because the drinks contained citric acid and ascorbic acid. While these ingredients are commonly known as vitamin C and a flavor additive, they also have well-documented preservative functions in the food science world. The plaintiff argued that consumers paid a premium or made purchasing decisions based on the preservative-free claim, and that the labeling violated consumer protection laws. ZOA Energy did not admit wrongdoing but agreed to the $3 million settlement to resolve the dispute. The eligible class included all U.S. residents who purchased any ZOA Energy drink bearing the “0 Preservatives” label for personal use — not for resale — during the period from March 1, 2021 through November 21, 2025.
That covers roughly four and a half years of sales, which is a broad window. Compare this to some food labeling settlements that only cover a year or two of purchases. The breadth of the class period here reflected how long the contested labeling had been on shelves. To put it in practical terms, if you grabbed a ZOA from a gas station cooler even once during that period, you were technically a class member. The difference was in how much you could claim. A casual buyer without receipts was capped at $10, while someone who kept grocery receipts or had a loyalty card purchase history could claim up to $150. That gap is significant and worth understanding.
How Much Could You Get from the ZOA Settlement — and What Were the Limitations?
Claimants with proof of purchase could receive $1.00 per can purchased, up to a maximum of $150. Those without proof could still claim $1.00 per can but were capped at $10. The $3 million settlement fund had to cover all valid claims, attorney fees, administrative costs, and any service award to the named plaintiff, so the actual per-can payout could have been adjusted downward if total claims exceeded the available funds. However, if you purchased ZOA in bulk — say, a case of 12 from a warehouse club every month — your actual spending over four-plus years could far exceed $150 in claimed value. The cap means heavy buyers would not be fully compensated dollar-for-dollar.
This is a common feature of consumer class actions: the settlement is designed to provide partial relief across a large class rather than full restitution to any individual. If you spent $500 on ZOA during the class period, you were still limited to $150 even with receipts for every can. It is also worth noting that the without-proof cap of $10 means you were essentially attesting to having purchased around 10 cans over a four-and-a-half-year window. That is a low bar, and settlements structured this way tend to attract a high volume of small claims. Whether the fund stretches to pay everyone the full amount depends on total participation, which will not be clear until after the final approval hearing.
The Preservative Labeling Allegations — Why Citric Acid and Ascorbic Acid Mattered
The core of this case rested on a deceptively simple question: are citric acid and ascorbic acid preservatives? The answer depends on context. Citric acid is widely used in the food and beverage industry as a flavoring agent, pH adjuster, and yes, a preservative. It inhibits bacterial growth and extends shelf life. Ascorbic acid — vitamin C — similarly acts as an antioxidant that prevents spoilage. The FDA recognizes both substances as having preservative functions, even though manufacturers frequently list them under other functional categories on ingredient labels.
ZOA’s labeling claimed “0 Preservatives” while including both ingredients. The plaintiff argued this was inherently misleading because a reasonable consumer reading “0 Preservatives” would believe the drink contained no ingredients capable of acting as preservatives. ZOA’s defense could have pointed to the fact that these ingredients serve multiple purposes and were included for reasons other than preservation, but the company chose to settle rather than litigate the issue to a verdict. This case fits into a broader pattern of food and beverage labeling lawsuits that have targeted “natural,” “no artificial ingredients,” and similar marketing claims. For example, similar suits have been filed against brands claiming “all natural” while using synthetic citric acid. The ZOA case is notable partly because of the celebrity association — Dwayne Johnson’s involvement as co-owner drew significant media attention — but the underlying legal theory about ingredient functionality versus labeling claims is well-established.
What Were the Options — File a Claim, Opt Out, or Object?
Class members had three choices before the deadlines passed. Filing a claim was the simplest path to money. You submitted a claim form through zoasettlement.com or by mail, stated how many cans you purchased, and either attached proof or claimed without it. The tradeoff was straightforward: file a claim and get paid, but give up your right to sue ZOA individually over the same labeling issue. Opting out, which required a written exclusion request postmarked by February 13, 2026, preserved your right to bring your own lawsuit against ZOA. This option made sense only if you had significant provable damages — for instance, if you were a retailer or distributor who purchased large quantities based on the labeling and suffered business losses, though the class was limited to personal consumption purchases.
For the average consumer, opting out to pursue an individual lawsuit over energy drink labeling would almost certainly cost more in legal fees than any potential recovery. Objecting was the third path. Class members who disagreed with the settlement terms — perhaps believing the $3 million fund was too small or the attorney fees too high — could file a written objection and appear at the final approval hearing on March 26, 2026. Objecting does not remove you from the settlement; it simply puts your concerns on the record for the judge to consider. If the judge approves the settlement despite objections, you still receive your claim payment. This is the least understood option, and many class members confuse objecting with opting out, which are fundamentally different actions with different consequences.
What Happens at the Final Approval Hearing on March 26, 2026?
The final approval hearing is scheduled for March 26, 2026 at Courtroom 11 of the San Francisco Courthouse. At this hearing, Judge James Donato will review the settlement terms, consider any objections filed by class members, evaluate the requested attorney fees, and decide whether the settlement is fair, reasonable, and adequate. If approved, the claims administrator will begin processing payments to class members who filed valid claims. If the court does not approve the settlement — which is uncommon but possible — the case could return to litigation or the parties could renegotiate terms.
Class members who filed claims would not receive payment, and the matter would remain unresolved until a new agreement or trial. It is also possible that the judge approves the settlement with modifications, such as reducing the attorney fee award, which would leave more money in the fund for claimants. One important warning: if you missed the claim deadline but did not opt out, you are still bound by the settlement. This means you released your claims against ZOA related to the preservative labeling issue and cannot sue separately, but you also will not receive any payment. This is the worst outcome for a class member, and it is unfortunately common in consumer class actions where people receive notice but do not act before the deadline.
How to Contact the Claims Administrator and Check Your Claim Status
If you filed a claim before the February 20, 2026 deadline and want to check its status, the official settlement website at zoasettlement.com remains the primary resource. You can also reach the claims administratorclaims administrator[contact via the official settlement website]. Keep any confirmation emails or reference numbers from your original filing, as these will be needed to look up your claim.
For those who submitted claims by mail, processing times can be longer. If you mailed your claim form close to the February 20 deadline, it may still be in the queue for review. Do not assume your claim was rejected simply because you have not heard back — settlement administrators typically do not begin issuing payments until after the final approval hearing and any appeals period has concluded, which can take several months.
What This Settlement Means for Future Beverage Labeling Claims
The ZOA settlement is part of a growing wave of litigation targeting functional ingredient claims in the food and beverage industry. As consumers become more ingredient-conscious and regulatory scrutiny increases, companies face mounting pressure to ensure their label claims can withstand legal challenge. The fact that ZOA agreed to a $3 million settlement rather than defend its “0 Preservatives” claim in court suggests that the legal risk of ingredient-function labeling disputes is being taken seriously by manufacturers.
Looking ahead, expect more cases challenging specific claims like “no artificial flavors,” “no added sugars,” and similar marketing language where the technical reality of ingredients may diverge from consumer expectations. For consumers, the lesson is both practical and financial: read settlement notices when you receive them and file claims before deadlines expire. These cases may not make anyone rich, but they represent one of the few mechanisms available to hold companies accountable for how they market their products.
Frequently Asked Questions
Can I still file a claim for the ZOA Energy settlement?
No. The claim deadline was February 20, 2026, which has already passed. Late claims are generally not accepted unless the court grants an exception, which is rare.
How much will I actually receive if I filed a claim?
The base rate is $1.00 per can purchased. With proof of purchase, you can receive up to $150. Without proof, the cap is $10. However, if total valid claims exceed the fund after fees and costs, payments may be reduced proportionally.
I missed the opt-out deadline. Can I still sue ZOA on my own?
No. The opt-out deadline was February 13, 2026. If you did not submit a written exclusion request by that date, you are bound by the settlement and cannot bring an individual lawsuit over the same preservative labeling claims.
When will payments be sent out?
Payments will not be issued until after the final approval hearing on March 26, 2026 and any subsequent appeals period. Realistically, checks or payments could take several months after final approval.
What counts as proof of purchase for this settlement?
Receipts, loyalty card records, bank or credit card statements showing ZOA purchases, or any other documentation that confirms you bought ZOA Energy drinks during the class period would qualify as proof of purchase.
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