Quick Answer Box
- The ZOA Energy 0 Preservatives lawsuit alleges the brand’s “0 Preservatives” label was misleading because the drinks contain citric acid and ascorbic acid.
- Anyone in the United States who bought a labeled ZOA Energy drink between March 1, 2021, and November 21, 2025, generally qualifies for the settlement.
- The case resolved for a $3 million fund, with payouts up to $150 per household with proof of purchase or up to $10 without.
Case Snapshot
| Detail | Info |
|---|---|
| Court | U.S. District Court, Northern District of California |
| Case / MDL Number | 3:23-cv-5444-JD |
| Filing Date | 2023, amended through preliminary approval on November 21, 2025 |
| Status | Preliminarily approved, final approval hearing held March 26, 2026 |
| Settlement Fund | $3,000,000 |
The ZOA Energy 0 Preservatives lawsuit closed out its claims period earlier in 2026, but many consumers are only now learning the details. The case accused the energy drink brand, co-owned by Dwayne Johnson, of mislabeling its cans as free of preservatives.
Two common ingredients sit at the center of the dispute. Citric acid and ascorbic acid can serve flavor and nutritional functions, but both are also recognized preservatives.
That dual function is exactly what made the lawsuit viable. ZOA Energy denied wrongdoing but agreed to a $3 million settlement rather than continue fighting the case. This article breaks down the court record, eligibility, and exact payout structure.
What Is the ZOA Energy 0 Preservatives Lawsuit
The ZOA Energy 0 Preservatives lawsuit is a consumer class action alleging the brand’s labeling misled buyers about its ingredients. Plaintiff Mikhail Gershzon filed the case against ZOA Energy LLC in federal court.

The complaint argued that a can proudly stating “0 Preservatives” should not contain ingredients that function as preservatives, regardless of their other uses.
- Plaintiff: Mikhail Gershzon
- Defendant: ZOA Energy, LLC
- Core allegation: mislabeling based on undisclosed preservative ingredients
Attorney Insight: Attorneys handling these claims point to the label’s prominence on the can as central to why the case survived early motions.
ZOA Energy 0 Preservatives Settlement Explained
The settlement resolves all claims tied to the “0 Preservatives” label through a $3,000,000 fund. ZOA Energy denies any wrongdoing and maintains its labeling was accurate and lawful.
The court did not rule on the underlying merits, since both sides agreed to settle rather than continue litigating.
Bold callout: The parties settled specifically to avoid the “expense and risk” associated with continued litigation, according to the settlement notice.
Attorney Insight: Attorneys handling these claims note that settling without a merits ruling is standard practice and does not indicate which side would have won at trial.
Who Qualifies for the ZOA Energy Settlement
Qualification depends on purchasing a ZOA Energy drink labeled “0 Preservatives” during the defined class period. The purchase must have been for personal or household use, not resale.
The class period runs from March 1, 2021, through November 21, 2025, covering nearly the entire life of the labeling claim.
| Requirement | Detail |
|---|---|
| Location | United States residents |
| Product | ZOA Energy drink labeled “0 Preservatives” |
| Purpose | Personal or household use only |
| Class Period | March 1, 2021 to November 21, 2025 |
Attorney Insight: Attorneys handling these claims note that one claim per household applies, regardless of how many household members purchased the product.
Litigation Watch: Eligibility hinges entirely on the specific “0 Preservatives” label and class period dates, not on general ZOA Energy purchases outside that window.
ZOA Energy Settlement Payout Amount
The payout amount depends entirely on whether a claimant has proof of purchase. Class members with receipts or similar documentation can receive $1 per unit, capped at $150 per household.
Those without proof can still file, receiving $1 per unit capped at $10 per household, based only on a sworn attestation.
- With proof of purchase: up to $150 per household
- Without proof of purchase: up to $10 per household
- Payment basis: $1 per unit purchased, subject to the applicable cap
Attorney Insight: Attorneys handling these claims note that payments may be reduced on a pro rata basis if total approved claims exceed the available fund after fees and costs.
ZOA Energy Lawsuit Court and Case Number
The case is formally numbered 3:23-cv-5444-JD in the U.S. District Court for the Northern District of California. The court granted preliminary approval of the settlement on November 21, 2025.
Kroll Settlement Administration LLC serves as the court-appointed claims administrator handling submissions and payments.
| Detail | Info |
|---|---|
| Case Name | Gershzon v. ZOA Energy, LLC |
| Docket Number | 3:23-cv-5444-JD |
| Court | N.D. California, San Francisco |
| Claims Administrator | Kroll Settlement Administration LLC |
Attorney Insight: Attorneys handling these claims stress that verifying the exact docket number helps consumers confirm settlement notices are legitimate rather than a scam.
Citric Acid and Ascorbic Acid Preservatives Explained
Citric acid and ascorbic acid are chemical compounds that can serve preservation functions even when added for other purposes. Ascorbic acid is another name for vitamin C, commonly used to maintain freshness and prevent color changes.
Citric acid adds tartness and controls acidity, which also slows bacterial growth and stabilizes texture.
- Ascorbic acid: preserves freshness, prevents oxidation, doubles as vitamin C
- Citric acid: controls acidity, adds tartness, slows bacterial growth
- Legal significance: both functions can exist simultaneously in the same ingredient
Bold callout: The FDA recognizes citric acid as a chemical preservative under federal labeling standards, a fact central to the plaintiff’s argument.
Attorney Insight: Attorneys handling these claims say dual-function ingredient cases hinge on whether a reasonable consumer would understand the label’s plain meaning.
ZOA Energy Settlement Claim Deadline
The claim form deadline for the ZOA Energy settlement was February 20, 2026. Submissions needed to be filed online or postmarked by that date to qualify for payment.
Related deadlines fell even earlier, giving class members a narrow window to weigh their options.
- Opt-out and objection deadline: February 13, 2026
- Claim form deadline: February 20, 2026
- Final approval hearing: March 26, 2026
Attorney Insight: Attorneys handling these claims note that consumers who missed the claim deadline generally remain bound by the settlement’s release even without receiving payment.
ZOA Energy Lawsuit Timeline
The ZOA Energy lawsuit timeline spans more than two years from filing to settlement resolution. Key procedural steps moved at a typical pace for a consumer class action of this size.
2023: Mikhail Gershzon files suit against ZOA Energy LLC in the Northern District of California.
November 21, 2025: Court grants preliminary approval of the $3 million settlement.
February 20, 2026: Claim form deadline closes for class members.
March 26, 2026: Final approval hearing held in San Francisco federal court.
Attorney Insight: Attorneys handling these claims note that a two-year path from filing to settlement is fairly typical for consumer labeling class actions of this scale.
ZOA Energy Settlement Final Approval Hearing
The final approval hearing took place on March 26, 2026, before the presiding judge in San Francisco. At this hearing, the court considered whether to grant final approval to the settlement terms, including attorneys’ fees and administrative costs.
Court records show roughly a third of the total fund was earmarked for fees and administrative costs before consumer payouts.
- Hearing date: March 26, 2026
- Location: Northern District of California, San Francisco
- Purpose: final approval of settlement terms, fees, and service awards
Attorney Insight: Attorneys handling these claims note that payment distribution generally begins only after final approval and the resolution of any appeals.
Litigation Watch: With final approval addressed in March 2026, the remaining question for claimants is how quickly the administrator finalizes distribution once any appeal window closes.
ZOA Energy Lawsuit by State
The ZOA Energy settlement applies nationwide rather than to a single state’s purchasers. Any eligible United States resident who bought the labeled product during the class period can file a claim.
This nationwide scope reflects the settlement’s basis in a federal class action rather than a single state’s consumer protection statute alone.
| Scope | Detail |
|---|---|
| Geographic reach | Nationwide, United States residents |
| Underlying law | California statutes apply regardless of buyer’s state |
| Court venue | Northern District of California |
Attorney Insight: Attorneys handling these claims note that California consumer protection statutes often anchor nationwide settlements even when purchasers live elsewhere.
What Type of Lawyer Handles the ZOA Energy Lawsuit
A consumer protection or false advertising attorney typically handles cases like the ZOA Energy lawsuit. These lawyers focus on labeling claims, unfair competition statutes, and consumer fraud theories.
The original case relied on multiple California statutes, reflecting the multi-theory approach common in food and beverage labeling litigation.
- Core statutes cited: California Unfair Competition Law, False Advertising Law, Consumers Legal Remedies Act
- Additional claims: breach of express warranty, fraud, unjust enrichment
- Specialty needed: consumer class action and false advertising experience
Attorney Insight: Attorneys handling these claims say layering multiple legal theories, as this complaint did, often strengthens a case’s chances of surviving early dismissal motions.
Dwayne Johnson and ZOA Energy Litigation
Dwayne Johnson co-founded ZOA Energy but is not personally named as a defendant in this settlement. The lawsuit targets ZOA Energy LLC as a corporate entity rather than any individual founder.
Johnson has remained the brand’s most visible public ambassador since its launch, drawing added attention to the case.
- Johnson’s role: co-founder and brand ambassador, not a named defendant
- Legal target: ZOA Energy, LLC, as a corporate entity
- Public attention: driven partly by Johnson’s celebrity association with the brand
Attorney Insight: Attorneys handling these claims note that celebrity-founded brands often draw more media coverage without changing the underlying corporate liability analysis.
What Happens If You Do Nothing in the ZOA Energy Settlement
Doing nothing means forfeiting any settlement payment while still being bound by the case’s terms. Class members who take no action remain part of the settlement class by default.
That default status carries a significant consequence tied to future legal rights.
- No claim filed: no payment received
- Still bound: generally cannot sue ZOA Energy later over the same labeling claims
- Only way to preserve independent legal rights: timely opt out before February 13, 2026
Attorney Insight: Attorneys handling these claims stress that doing nothing is effectively the same as accepting the settlement’s terms without collecting any payment.
What Happens Next in the ZOA Energy Lawsuit
What happens next depends on the outcome of the March 2026 final approval hearing and any subsequent appeals. Settlement funds are typically distributed only after that process concludes.
Uncashed or unclaimed settlement funds after the distribution period will be donated under a cy pres arrangement.
- Near-term: resolution of final approval and any appeal period
- Mid-term: distribution of approved claims to class members
- Leftover funds: donated to the Clean Label Project
Attorney Insight: Attorneys handling these claims note that cy pres donations like this one are standard practice when settlement checks go uncashed within the required window.
How to File a ZOA Energy Settlement Claim
Filing required submitting a claim form online or by mail before the February 20, 2026 deadline. Claimants needed to choose between the proof-of-purchase option or the no-documentation option.
Those who already filed should retain confirmation records in case questions arise during claims administration.
- Step one: confirm purchase during the March 2021 to November 2025 class period
- Step two: choose the proof-of-purchase or no-documentation payout path
- Step three: submit the claim form online or by mail before the deadline
Attorney Insight: Attorneys handling these claims recommend keeping any submission confirmation, since it may be needed if the administrator requests follow-up information.
Frequently Asked Questions
Is the ZOA Energy 0 Preservatives lawsuit still active in 2026?
The case reached a settlement, with a final approval hearing held on March 26, 2026.
Payment distribution generally follows only after final approval and any appeal period conclude.
No trial occurred, since both sides agreed to resolve the case through settlement.
Who qualifies for the ZOA Energy settlement?
Anyone in the United States who bought a ZOA Energy drink labeled “0 Preservatives” between March 1, 2021, and November 21, 2025 generally qualifies.
The purchase must have been for personal or household use, not resale.
Only one claim is allowed per household.
How much can I get from the ZOA Energy settlement?
Claimants with proof of purchase can receive up to $150 per household.
Those without proof can still receive up to $10 per household based on a sworn attestation.
Final amounts may be reduced on a pro rata basis if total claims exceed available funds.
What is the case number for the ZOA Energy lawsuit?
The case is numbered 3:23-cv-5444-JD in the U.S. District Court for the Northern District of California.
It is formally styled Gershzon v. ZOA Energy, LLC.
Kroll Settlement Administration LLC serves as the court-appointed claims administrator.
Do I need a receipt to file a ZOA Energy settlement claim?
No, a receipt is not required to file a claim under the settlement.
Claims without proof are capped at $10 per household, while claims with proof can reach up to $150.
Accepted proof includes receipts, loyalty program records, or removed UPC codes.
Is Dwayne Johnson personally involved in the ZOA Energy lawsuit?
No, Dwayne Johnson is not named as a defendant in this settlement.
He co-founded ZOA Energy and remains its public ambassador, but the case targets the corporate entity.
The settlement is a matter between the plaintiff class and ZOA Energy, LLC.
The ZOA Energy settlement closes out a labeling dispute that took over two years to resolve. Anyone who missed the claim deadline should still confirm their rights under the settlement’s terms.
Consumers with larger documented losses, or questions about the settlement’s release language, should consult a consumer protection attorney before assuming the matter is fully closed.
