Frequently Asked Questions
- Why did I get the Notice?
- Why is this a class action?
- Why is there a Settlement?
- How do I know if I am part of the Settlement Class?
- Are there exceptions to being included in the Settlement Class?
- What does the Settlement provide?
- How can I get a payment?
- When will I receive payment?
- What am I giving up to get a payment and by staying in the Settlement Class?
- How do I “opt out” (exclude myself) from the Settlement Class?
- If I do not exclude myself, can I sue Defendants or the other Defendants’ Releasees for the same thing later?
- If I exclude myself, can I get money from the proposed Settlement?
- Do I have a lawyer in this case?
- How will the lawyers be paid?
- How do I tell the Court that I do not like something about the Settlement?
- What is the difference between objecting and seeking exclusion?
- When and where will the Court decide whether to approve the Settlement?
- Do I have to come to the Settlement Hearing?
- May I speak at the Settlement Hearing?
- What happens if I do nothing at all?
- How will my claim be calculated?
- What is the ticker symbol/CUSIP?
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Why did I get the Notice?
You or someone in your family may have purchased or otherwise acquired Tattooed Chef common stock during the period from December 15, 2020 through November 28, 2022, inclusive.
The Court directed that the Notice be sent to Settlement Class Members because they have a right to know about the proposed Settlement of this class action lawsuit, and about all of their options, before the Court decides whether to approve the Settlement. If the Court approves the Settlement, and after objections and appeals are resolved, an administrator appointed by the Court will make the payments that the Settlement allows.
The Notice explains the lawsuit, the Settlement, Settlement Class Members’ legal rights, what benefits are available, who is eligible for them, and how to get them. A copy of the Notice is available here.
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Why is this a class action?
In a class action, one or more persons or entities (in this case, Lead Plaintiffs), sue on behalf of people and entities who have similar claims. Together, these people and entities are a “settlement class” and each is a “Settlement Class Member.” Class actions allow the adjudication of many individuals’ similar claims that might be too small economically to bring as individual actions. One court resolves the issues for all Settlement Class Members at the same time, except for those who exclude themselves, or “opt out,” from the class.
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Why is there a Settlement?
The Court did not finally decide in favor of Plaintiffs or Defendants. Instead, both sides agreed to a settlement. That way, they avoid the risks and cost of a trial. Plaintiffs and their attorneys think the Settlement is in the best interest of the Settlement Class.
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How do I know if I am part of the Settlement Class?
The Court directed, for the purposes of the proposed Settlement, that everyone who fits this description is a Settlement Class Member and subject to the Settlement unless they are an excluded person or take steps to exclude themselves from the Settlement Class:
All persons and entities that purchased or otherwise acquired Tattooed Chef, Inc. common stock between December 15, 2020 and November 28, 2022, inclusive, and were damaged thereby, except for certain persons and entities who are excluded from the Settlement Class.
If one of your mutual funds purchased Tattooed Chef common stock during the Class Period, that does not make you a Settlement Class Member, although your mutual fund may be. You are a Settlement Class Member only if you individually purchased or acquired Tattooed Chef common stock during the Class Period. Tattooed Chef Inc. may be referred to by the ticker symbol “TTCF” in your trading documentation. Check your investment records or contact your broker to see if you have any eligible purchases or acquisitions.
If you are still not sure whether you are included, you can ask for free help. You can call 1-877-385-3187 for more information, or you can fill out and return the Claim Form, or submit it online, to see if you qualify.
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Are there exceptions to being included in the Settlement Class?
Yes. There are some individuals and entities who are excluded from the Settlement Class by definition. Excluded from the Settlement Class are (i) Defendants and their families; (ii) the officers and directors of the Company, at all relevant times; (iii) members of the immediate families of the individuals identified in “(i)” and “(ii)” and their legal representatives, heirs, successors or assigns; and (iv) any entity in which Defendants have or had a controlling interest. Also excluded from the Settlement Class are those entities and individuals who timely and validly exclude themselves in accordance with the requirements set by the Court.
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What does the Settlement provide?
In exchange for the Settlement and the release of the Released Plaintiffs' Claims against the Defendants’ Releasees, Tattooed Chef Inc. has agreed to pay $4,750,000.00 into an escrow account, which, along with any interest earned, will be distributed after deduction of Court-awarded attorneys’ fees and litigation expenses, Notice and Administration Costs, Taxes, Tax Expenses, and any other fees or expenses approved by the Court (the “Net Settlement Fund”) to Settlement Class Members who send in valid and timely Claim Forms that are eligible for a payment. The Plan of Allocation is described in more detail on page 8-10 of the Notice found here.
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How can I get a payment?
To qualify for a payment from the Net Settlement Fund, you must submit a timely and valid Claim Form. You can download a copy of the Claim Form here. Please read the instructions contained in the Claim Form carefully, fill out the Claim Form, include all the documents the form requests, sign it, and mail it to the mailing address below or submit it online here. Claim Forms must be postmarked or submitted online no later than August 4, 2026.
Mailing address for Claim Forms:
Tattooed Chef Securities Settlement
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Claims Administrator
c/o Epiq
P.O. Box 4819
Portland, OR 97208-4819 -
When will I receive payment?
It is not possible at this time to determine when the Settlement proceeds will be distributed to eligible Class Members. The Court will hold a Settlement Hearing on September 3, 2026, either in-person or telephonically, to decide, among other things, whether to finally approve the Settlement. Even if the Court approves the Settlement, there may be appeals, which can take a significant amount of time to resolve. It also takes a long time for all the Claim Forms to be accurately reviewed and processed. Please be patient.
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What am I giving up to get a payment and by staying in the Settlement Class?
Unless you exclude yourself, you will remain in the Settlement Class, which means that upon the “Effective Date” of the Settlement, you will release all “Released Plaintiffs' Claims” against the “Defendants’ Releasees.” For additional information please review the Notice here.
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How do I “opt out” (exclude myself) from the Settlement Class?
To exclude yourself from the Settlement Class, you must send a letter by mail saying that you want to be excluded from the Settlement Class. Be sure to include your name, address, telephone number, and signature. You must also include the number of shares of Tattooed Chef common stock you purchased or acquired that are subject to the Action, including the number of shares of Tattooed Chef common stock that you purchased/acquired and/or sold during the Settlement Class Period, as well as the dates, number of shares, and prices of each such purchase/acquisition and sale. Your exclusion request must be postmarked no later than August 13, 2026 and sent to the Claims Administrator at:
Tattooed Chef Securities Settlement
Claims Administrator
c/o Epiq
P.O. Box 4819
Portland, OR 97208-4819You cannot exclude yourself by telephone or by email. If you properly exclude yourself, you will not receive a payment from the Net Settlement Fund, you cannot object to the Settlement, and you will not be legally bound by the judgment in this case.
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If I do not exclude myself, can I sue Defendants or the other Defendants’ Releasees for the same thing later?
No. Unless you properly exclude yourself, you will give up any rights to sue Defendants and the other Released Defendant Parties for any and all Released Plaintiff’s Claims. If you have a pending lawsuit against any of the Released Defendant Parties, speak to your lawyer in that case immediately. You must exclude yourself from this Settlement Class to continue your own lawsuit. Remember, the exclusion deadline is August 13, 2026.
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If I exclude myself, can I get money from the proposed Settlement?
No, only Settlement Class Members are eligible to recover money from the Settlement.
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Do I have a lawyer in this case?
The law firm of Bottini & Bottini, Inc., represents Plaintiffs in the Action. These lawyers are called Plaintiffs’ Counsel. These lawyers will apply to the Court for payment of attorneys’ fees and expenses from the Settlement Fund; you will not be otherwise charged for their work. If you want to be represented by your own lawyer, you may hire one at your own expense.
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How will the lawyers be paid?
Plaintiffs’ Counsel will file a motion for an award of attorneys’ fees and expenses that will be considered at the Final Approval Hearing. Plaintiffs’ Counsel will apply for an award of attorneys’ fees in the amount of 28% of the Settlement Amount, plus payment of expenses incurred in connection with the Action in an amount not to exceed $450,000.
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How do I tell the Court that I do not like something about the Settlement?
If you are a Settlement Class Member, you may object to the terms of the Settlement. Any objection, filing, and other submission by the objecting Settlement Class Member must: (a) state the name, address, telephone number, and signature of the person or entity objecting; (b) state with specificity the grounds for the Settlement Class Member’s objection, including any legal and evidentiary support the Settlement Class Member wishes to bring to the Court’s attention and whether the objection applies only to the objector, to a specific subset of the Settlement Class, or to the entire Settlement Class; and (c) include documents sufficient to prove membership in the Settlement Class, including the number of shares of Tattooed Chef common stock that the objecting Settlement Class Member purchased/acquired and/or sold during the Settlement Class Period, as well as the dates, number of shares, and prices of each such purchase/acquisition and sale. The objecting Settlement Class Member shall provide documentation establishing membership in the Settlement Class through copies of brokerage confirmation slips or monthly brokerage account statements, or an authorized statement from the objector’s broker containing the transactional and holding information found in a broker confirmation slip or account statement. Whether or not you object to the terms of the Settlement, you may also object to the requested attorneys’ fees and expenses and/or the Plan of Allocation. An objection may be submitted by mailing a written statement, postmarked no later than August 13, 2026, accompanied by proof of Settlement Class membership to:
Tattooed Chef Securities Settlement
Claims Administrator
c/o Epiq
P.O. Box 4819
Portland, OR 97208-4819Attendance at the Final Approval Hearing is not necessary; however, if you wish to be heard orally at the Final Approval Hearing, please indicate in your written objection your intention to appear at the hearing.
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What is the difference between objecting and seeking exclusion?
Objecting is telling the Court that you do not like something about the proposed Settlement, Plan of Allocation, or Lead Counsel’s Fee and Expense Application. You can still recover money from the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself from the Settlement Class, you have no basis to object because the Settlement and the Action no longer affect you.
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When and where will the Court decide whether to approve the Settlement?
The Court will hold a Final Approval Hearing on September 3, 2026 at 8:30 a.m., before the Honorable George H. Wu either telephonically or in person at the United States District Court for Central District of California, 350 West First Street, Los Angeles, CA 90012, for the purpose of determining whether: (1) the Settlement of the Action for $4,750,000.00 in cash should be approved by the Court as fair, reasonable and adequate; (2) to award Plaintiffs’ Counsel attorneys’ fees and expenses out of the Settlement Fund; and (3) the Plan of Allocation should be approved by the Court. The Court may adjourn or continue the Final Approval Hearing without further notice to members of the Settlement Class. You should check this website for further details on the Final Approval Hearing.
Any Settlement Class Member may appear at the Final Approval Hearing and be heard on any of the foregoing matters. Any written objection should be mailed to:
Tattooed Chef Securities Settlement
Claims Administrator
c/o Epiq
P.O. Box 4819
Portland, OR 97208-4819together with proof of membership in the Settlement Class, so that it is postmarked no later than August 13, 2026.
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Do I have to come to the Settlement Hearing?
No. The hearing on whether to approve the Settlement is scheduled for September 3, 2026, at 8:30 a.m. (the “Final Approval Hearing”) and is open to the public. You do not need to attend the hearing unless you wish to speak either in support of the Settlement or in support of any objection you may have submitted with a mailed a Notice of Intention to Appear so that it is postmarked no later than August 13, 2026. The Court may postpone the Final Approval Hearing without prior notice or decide to hold the hearing by telephone or videoconference.
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May I speak at the Settlement Hearing?
If you object to the Settlement, you may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must include with your objection (see FAQ 15 above) a statement that you “intend to appear in Dinko Mihaylov v. Tattooed Chef, Inc., Case No. 2:22-cv-09311-GW-E.” Persons who intend to object to the Settlement, the Plan of Allocation, and/or the application for an award of attorneys’ fees, costs, and expenses, and desire to present evidence at the Final Approval Hearing, must include in their written objections the identity of any witnesses they may call to testify and exhibits they intend to introduce into evidence at the Final Approval Hearing. You cannot speak at the hearing if you exclude yourself.
If you object to the Settlement, you may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must include with your objection (see above) a statement that you “intend to appear in Dinko Mihaylov v. Tattooed Chef, Inc Case No. 2:22-cv-09311-GW-E.” Persons who intend to object to the Settlement, the Plan of Allocation, and/or the application for an award of attorneys’ fees, costs, and expenses, and desire to present evidence at the Final Approval Hearing, must include in their written objections the identity of any witnesses they may call to testify and exhibits they intend to introduce into evidence at the Final Approval Hearing. You cannot speak at the hearing if you exclude yourself.
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What happens if I do nothing at all?
If you are a Settlement Class Member and do not submit a Proof of Claim postmarked or submitted online by August 4, 2026, you will not be eligible to receive any payment from the Settlement Fund. You will, however, be bound by the Settlement, unless you have requested exclusion from the Settlement Class.
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How will my claim be calculated?
The Settlement Amount, and any interest it earns, is called the “Settlement Fund.” The Settlement Fund after deduction of Court-approved attorneys’ fees and expenses, Notice and Administration Costs, Taxes, and any other fees or expenses approved by the Court is the “Net Settlement Fund.” The Net Settlement Fund will be distributed according to the Plan of Allocation (described in the Notice) to members of the Settlement Class who timely submit valid Claim Forms that show a Recognized Claim according to the Plan of Allocation approved by the Court.
Settlement Class Members who do not timely submit valid Claim Forms will not share in the Net Settlement Fund but will otherwise be bound by the terms of the Settlement and what happens in the Action. The Court may approve the Plan of Allocation or modify it without additional notice to the Settlement Class.
The Plan of Allocation is on pages 8-10 of the Notice, found here.
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What is the ticker symbol/CUSIP?
The CUSIP for the Class Period is 87663X102. The ticker symbol from December 15, 2020 through November 28, 2022, inclusive was TTCF.
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