F.A.Q.

If you received a notice about this lawsuit, it means the company’s records show you were a Manhattan Beer customer at some point between February 18, 2016 and May 13, 2024 and paid at least one $0.10 deposit for cardboard mother cartons that was not redeemed or refunded.
You were sent this Notice because you have the right to know about the proposed settlement of this lawsuit and about your options before the Court decides whether to approve the settlement. If the Court approves the settlement, payments will be mailed to everyone who does not exclude themselves. This website explains the lawsuit and your legal rights.

This class action lawsuit challenges Manhattan Beer’s deposit practices. In particular, the lawsuit claims that Manhattan Beer violated the common law and New York’s state consumer protection laws by not adequately disclosing that the company was charging its customers a $0.10 deposit for cardboard mother cartons that contain beer or other beverages.
Manhattan Beer denies these allegations and any wrongdoing and maintains that its deposit practices were at all times lawful. The Settlement is not an admission of, and does not establish any, wrongdoing by Manhattan Beer.
More information about the lawsuit can be found in the “Court Documents” section of the Settlement website at MBDCardboardSettlement.com.

In this class action, the Class Representative Plaintiffs (Cap 111 Enterprises LLC, 251 E. Main St., LLC, 67 Purchase St LLC, Pub Street Pleasantville LLC, and Locali Kitchen & Bar LLC) sue on behalf of people who they believe have similar claims (the “Class Members”). The case is brought as a class action because Plaintiffs believe it is more efficient to pursue all Class Members’ claims in one lawsuit.

Plaintiffs are asking for money from Manhattan Beer for the allegedly deceptive and unlawful $0.10 deposits for cardboard mother cartons that were not redeemed or refunded to the Class.

The Class includes all Manhattan Beer customers who were customers at some point between February 18, 2016 and May 13, 2024 and paid at least one $0.10 deposit for cardboard mother cartons that was not redeemed or refunded.
The full Class definition is included in the Settlement Agreement, available on the Documents page of this website.

If you are not sure whether you are included in the lawsuit, you may call 516-461-2682 with questions or use the Contact page of this website. You may also send questions to the Notice Administrator at Manhattan Beer Settlement Administrator, PO Box 1015, Port Washington, New York 11050, or via email at info@MBDCardboardSettlement.com.

We can’t give you a date yet. We estimate that payments will be made about two months after the judge approves the Settlement. The judge will consider the Settlement’s fairness on April 24, 2025. Even if the judge approves the Settlement, there may be appeals. It is always uncertain whether and when appeals will be resolved and resolving them can take more than a year. Please be patient.
All checks will expire and become void 90 days after they are issued.
The Settlement Website will be updated to inform Class Members of the progress of the Settlement.

As a Class Member, you have a choice whether to remain in the Class and be represented by the Class Representative and Class Counsel, or to exclude yourself. Either choice will have legal consequences, which you should understand before making your decision.

If you do nothing you will automatically remain in the Class and share in any money or other benefits awarded to the Class if the judge approves the Settlement. You will be legally bound by all Court orders (including the Settlement), which means you won’t be able to sue, or continue to sue, Manhattan Beer about the same legal claims in this case.

If you decide not to participate in the lawsuit, you must exclude yourself from the Class. If you exclude yourself, you will not receive any money that may result from this lawsuit. You will not be bound by any Court orders and you will keep any rights to sue Manhattan Beer on your own regarding the legal claims in this case.

To exclude yourself from the Class, you must send an email to info@MBDCardboardSettlement.com or mail a letter stating that you want to exclude yourself from the Class to the Notice Administrator at the address below:

Manhattan Beer Settlement Administrator
PO Box 1015
Port Washington, New York 11050
Tel: 516-461-2682 | Fax: 516-461-5278

Your email or letter must also include:

• Your name
• Your position at the company that is opting out
• The name of the company that is opting out
• Company address
• Your email address
• Your phone number
• The company’s taxpayer identification number, and
• For each store or location opting out, provide the (a) business name, (b) brand names or “doing business as” names, (c) address, and (d) taxpayer identification number, and
• A statement that you want to be excluded from the Class and indicating that you are excluding yourself from the lawsuit (g., “I want to exclude [Name of Company] from the settlement Class in the case called Cap 111 Enterprises LLC, et al. v. Manhattan Beer Distributors, LLC et al., No. 22 Civ. 1408 (CS) (AEK) (S.D.N.Y.).”).

You must send your email or mail your letter postmarked by April 4, 2025.  This will be the only opportunity you will have to exclude yourself from the Class.

No. Unless you exclude yourself now, you give up any right to sue Manhattan Beer for the same claims in this lawsuit.

The Court has appointed Wittels McInturff Palikovic as Class Counsel to represent you and the other Class Members. Their contact information is below:

Wittels McInturff Palikovic
305 Broadway, 7th Floor
New York, NY 10007
Telephone: 914-775-8862
Fax: 914-775-8862
Email: case@wittelslaw.com

If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense.

You do not have to pay Class Counsel. Class Counsel will seek an award of fees and reimbursement of costs from the Court, to be paid out of the recoveries made by Class Members, if any.

This page summarizes the lawsuit. You can access a copy of the complaint and other important information about the lawsuit on the Documents page of this website. You may also contact the Settlement Administrator directly if you have any questions.  Before doing so, however, please review this page carefully.

Manhattan Beer Settlement Administrator
PO Box 1015
Port Washington, New York 11050
Tel: 516-461-2682 | Fax: 516-461-5278
Email: info@MBDCardboardSettlement.com

PLEASE DO NOT CONTACT THE CLERK OF THE COURT, THE JUDGE, OR MANHATTAN BEER WITH INQUIRIES ABOUT THE CASE.  INSTEAD, PLEASE DIRECT ANY INQUIRIES TO THE CONTACTS LISTED ABOVE.