The ZOA Energy “0 Preservatives” class action settlement has not yet received final court approval. The court granted preliminary approval of the $3 million settlement fund in *Gershzon v. ZOA Energy, LLC*, Case No. 3:23-cv-5444-JD, but the Final Approval Hearing is scheduled for March 26, 2026, in Courtroom 11 at the San Francisco Courthouse.
Until that hearing takes place, the settlement terms remain provisional, and the judge could still modify or reject the deal entirely. That distinction matters for anyone who purchased ZOA Energy drinks between March 1, 2021, and November 21, 2025. The lawsuit alleged that ZOA’s “0 Preservatives” label was misleading because the drinks contain citric acid and ascorbic acid, both of which can function as preservatives. If you filed a claim before the February 20, 2026 deadline, your payment depends on what happens at the final hearing.
Table of Contents
- What Does the Court Still Need to Approve in the ZOA Energy Settlement?
- How the $3 Million Settlement Fund Gets Divided
- What Claimants Can Expect to Receive
- Filing a Claim and What Happens After the Deadline
- What Could Go Wrong Before Final Approval
- The Underlying Legal Theory — Are Citric Acid and Ascorbic Acid Really Preservatives?
- What This Settlement Signals for Energy Drink Labeling
- Frequently Asked Questions
What Does the Court Still Need to Approve in the ZOA Energy Settlement?
At the March 26, 2026 Final Approval Hearing, the judge in the Northern District of California will evaluate several components of the settlement before signing off. This includes whether the $3 million settlement fund is fair and adequate compensation for the class, whether the proposed attorneys’ fees and costs are reasonable, and whether the class representative service awards are justified. None of these figures are locked in until the judge issues a final approval order. This is standard procedure in class action litigation, but it is not a rubber stamp. Judges regularly reduce attorneys’ fee requests or deny service awards they consider excessive.
In some cases, courts have rejected entire settlements when they determined the deal primarily benefited lawyers rather than class members. For the zoa settlement, the court will weigh the strength of the underlying claims — whether consumers were genuinely misled by a “0 Preservatives” label on a product containing citric acid and ascorbic acid — against the recovery being offered. If the judge finds the $1-per-unit payout structure inadequate or the fee request disproportionate, modifications could follow. It is also worth noting that any class member who filed an objection before the February 13, 2026 deadline could influence the outcome. Objections that raise substantive concerns about fairness can prompt a judge to ask hard questions at the hearing, request additional briefing, or impose conditions on approval.
How the $3 Million Settlement Fund Gets Divided
The $3 million is not all going to consumers. The settlement fund covers four categories: payments to claimants who filed valid claims, attorneys’ fees and litigation costs, notice and administrative expenses (running the settlement website, mailing notices, processing claims), and service awards to the named class representative. In many consumer class actions, attorneys’ fees alone consume a third or more of the total fund. This means that the actual pool available for claim payments could be significantly less than $3 million. If, hypothetically, attorneys’ fees and costs total $1 million and administrative expenses run $200,000, the remaining $1.8 million would be split among all approved claimants.
However, if the number of valid claims is low, individual payouts could reach the maximum caps. If the number of claims is very high, payments may be reduced on a pro rata basis. The exact payout per claimant will not be known until after the final approval hearing and the claims review process is complete. This is a key limitation that many claimants overlook. filing a claim does not guarantee you will receive the full amount requested. Your payment depends on how many other people also filed, how much of the fund remains after fees and costs, and whether the court approves the settlement as structured.
What Claimants Can Expect to Receive
The settlement establishes two tiers of compensation. claimants who do not have proof of purchase can receive $1 per unit purchased, up to a maximum of $10 per household. Claimants who can provide receipts or purchase records are eligible for $1 per unit, up to $150 per household. That is a significant gap, and it reflects a common pattern in consumer class actions: the settlement rewards people who kept their receipts.
For example, someone who bought a case of ZOA Energy every month for several years and saved their grocery receipts could claim close to the $150 cap. Meanwhile, a casual buyer who picked up a can here and there without keeping receipts is limited to $10 regardless of how much they actually spent. This structure is designed to balance accessibility — anyone can file without proof — against fraud prevention, since higher claims require documentation. The practical reality is that most consumers do not keep receipts for energy drink purchases. The majority of claimants in settlements like this tend to fall into the without-proof category, which means most individual payments will be modest.
Filing a Claim and What Happens After the Deadline
Claims could be submitted online at www.ZOASettlement.com or printed and mailed to the Claims Administrator, with a deadline of February 20, 2026, for online submissions or postmark. If you missed that deadline, you are almost certainly out of luck. Courts rarely grant extensions for individual claimants who simply forgot or did not hear about the settlement in time. The tradeoff between filing online and mailing a paper form is straightforward. Online claims are faster to process, create a digital record, and eliminate the risk of postal delays.
Mailed claims, however, may have been necessary for people without reliable internet access or those who preferred a paper trail. Either way, the Claims Administrator will review all submissions for completeness and eligibility before any payments go out. After the final approval hearing, assuming the court grants approval, there is typically a processing period before checks are mailed or electronic payments are issued. This can take weeks to several months. If the court denies or modifies the settlement, the timeline could extend further, or the case could return to litigation.
What Could Go Wrong Before Final Approval
The most significant risk between now and March 26, 2026, is that the court could decline to grant final approval. While outright rejection of a preliminarily approved settlement is uncommon, it does happen. A judge might find that the settlement does not adequately compensate the class, that the claims process was flawed, or that too many class members opted out, undermining the settlement’s viability. Another potential issue involves objections.
If class members raised compelling arguments — for instance, that the $10 cap for claimants without receipts is unreasonably low given that ZOA Energy drinks retail for $2 to $3 per can — the court could require the parties to renegotiate terms. The judge could also reduce the attorneys’ fee request, which would leave more money in the fund for claimants but might prompt the plaintiffs’ attorneys to appeal or withdraw. There is also the question of whether ZOA Energy, LLC has the financial capacity to fund the settlement. A $3 million obligation is not trivial for a single brand, even one backed by celebrity endorsement. If the company faced financial difficulties before funding the settlement, that could complicate or delay payments, though this scenario is speculative and not indicated by the current record.
The Underlying Legal Theory — Are Citric Acid and Ascorbic Acid Really Preservatives?
The core allegation in *Gershzon v. ZOA Energy, LLC* is that labeling a product “0 Preservatives” is misleading when it contains citric acid and ascorbic acid. Both substances are commonly used in the food industry for multiple purposes. Citric acid is used as a flavoring agent, pH adjuster, and preservative.
Ascorbic acid — vitamin C — serves as an antioxidant and preservative. The argument is that even if ZOA added these ingredients primarily for flavor or nutritional purposes, their preservative function makes the “0 Preservatives” claim deceptive. ZOA did not admit wrongdoing in agreeing to settle. That is standard in class action settlements, but it also means the legal question of whether the labeling actually violated consumer protection laws was never fully litigated. Consumers should understand that a settlement is a compromise, not a finding of liability.
What This Settlement Signals for Energy Drink Labeling
The ZOA settlement fits into a broader trend of lawsuits targeting health and wellness claims on food and beverage products. Courts and regulators have increasingly scrutinized labels like “natural,” “no artificial ingredients,” and “0 Preservatives” when the underlying formulations tell a more complicated story. For energy drink companies in particular, where ingredient lists often include dozens of compounds with overlapping functions, the line between accurate labeling and marketing spin is under growing legal pressure.
Going forward, consumers can expect more settlements like this one. Whether that translates into meaningful changes in labeling practices or simply becomes a cost of doing business for beverage companies remains to be seen. For now, the ZOA settlement offers a concrete, if modest, recovery for buyers who felt misled.
Frequently Asked Questions
Has the ZOA Energy settlement been finalized?
No. The court granted preliminary approval only. The Final Approval Hearing is scheduled for March 26, 2026, in the Northern District of California.
How much money can I get from the ZOA Energy settlement?
Without proof of purchase, you can receive up to $10 per household. With receipts or purchase records, you can receive up to $150 per household, at $1 per unit purchased.
Can I still file a claim for the ZOA Energy settlement?
The claim submission deadline was February 20, 2026. If you missed it, you are generally unable to file a late claim unless the court grants an exception, which is rare.
What ZOA Energy products are covered by the settlement?
Any ZOA Energy drink labeled “0 Preservatives” purchased for personal consumption (not resale) between March 1, 2021, and November 21, 2025, by U.S. residents.
Why is ZOA being sued over the “0 Preservatives” label?
The lawsuit alleges that ZOA Energy drinks contain citric acid and ascorbic acid, both of which can function as preservatives, making the “0 Preservatives” label misleading to consumers.
What happens if the court rejects the settlement?
If final approval is denied, the settlement would not go into effect, no payments would be made, and the case could return to active litigation or the parties could attempt to negotiate a revised settlement.