The ZOA Energy settlement is a $3 million class action resolution in Mikhail Gershzon v. ZOA Energy, LLC that pays up to $150 per household to U.S. consumers who bought ZOA Energy drinks labeled “0 Preservatives” between March 1, 2021 and November 21, 2025. Claims must be submitted by February 20, 2026. The case, filed in the U.S. District Court for the Northern District of California (No. 3:23-cv-5444-JD), alleged that ZOA’s “0 Preservatives” label was misleading because the drinks contain citric acid and ascorbic acid. ZOA denies wrongdoing and settled to end the litigation.
Who Qualifies
The settlement class covers any U.S. resident who bought a ZOA Energy drink bearing the “0 Preservatives” label for personal use between March 1, 2021 and November 21, 2025. Purchases made for resale or distribution are excluded. Only one claim is allowed per household, and each claim must be signed under penalty of perjury.
How Much You Can Get
Payments are structured in two tiers, both at a rate of $1 per can:
- With proof of purchase: up to $150 per household.
- Without proof of purchase: up to $10 per household.
Acceptable proof includes receipts, purchase records, removed UPC codes, or other third-party documentation showing the date and fact of the purchase. If a submitted receipt is rejected, the claim drops to the no-proof tier rather than being denied outright.
The $3 million fund also covers attorneys’ fees and costs (requested at up to $1 million), administration expenses, and a service award of up to $7,500 for the named plaintiff. If approved claims exceed what remains after those deductions, individual payments will be reduced pro rata. Uncashed checks and leftover money after 180 days go to the Clean Label Project as a cy pres distribution.
Deadlines and How to File
The court granted preliminary approval on November 21, 2025. The dates that matter:
- Opt-out or object: February 13, 2026.
- File a claim: February 20, 2026, by 11:59 p.m. Pacific Time.
- Final approval hearing: March 26, 2026, at 10:00 a.m. PT, Courtroom 11, San Francisco Courthouse.
Claims can be filed online at zoasettlement.com or mailed to Kroll Settlement Administration LLC in New York. Questions go to the settlement administrator at (833) 890-6436. If you do nothing, you stay in the class, get no payment, and give up the right to sue ZOA separately over the same labeling claims. If you opt out by February 13, 2026, you keep your right to sue but get nothing from the settlement.
What the Lawsuit Claimed
Named plaintiff Mikhail Gershzon filed the complaint on October 23, 2023. The theory: ZOA’s front-of-can “0 Preservatives” claim was misleading because the drinks contain citric acid and ascorbic acid, both of which the plaintiff argued can function as chemical preservatives by slowing degradation and extending shelf life. The ingredients were disclosed on the ingredient list, but the complaint argued an ordinary shopper would read “0 Preservatives” to mean the product contained nothing that plays that role.
The complaint brought claims under California’s Unfair Competition Law, False Advertising Law, and Consumers Legal Remedies Act, along with breach of express warranty and unjust enrichment. Amount in controversy exceeded $5 million.
ZOA Energy denies all allegations. The company says its labeling complies with the law and that citric acid and ascorbic acid do not function as preservatives in its formulation. FDA regulations classify ingredients by their “intended technical effect,” and ZOA’s position rests on that distinction. The company agreed to settle without admitting wrongdoing, calling the decision a business choice to avoid the cost of continued litigation.
How This Compares to Similar Cases
The ZOA case fits a broader wave of “no preservatives” and “clean label” lawsuits against food and beverage brands. Nearly two dozen similar suits were filed in 2024, targeting energy drink makers such as OCA, Aspire, and Accelerator alongside brands like Minute Maid and Chef Boyardee. The recurring argument is that manufactured citric acid, often derived from Aspergillus niger, functions as a preservative regardless of how the label categorizes it. Absolute terms like “zero” and “none” tend to draw these cases because they leave no room for ambiguity.
In December 2022, Celsius Holdings settled nearly identical claims for $7.8 million and agreed to remove the “No Preservatives” language from its packaging. The ZOA settlement does not include a publicly reported labeling-change requirement.