Welcome to the Swartz v. Dave’s Killer Bread, Inc. Notice Website
Did you buy a Dave’s Killer Bread Product between December 29, 2017, and September 5, 2023 in the state of California? You may be a member of a class of purchasers. This notice may affect your rights. Please read it carefully.
The purpose of this website is to provide notice of a class action against Dave's Killer Bread in the United States District Court for the Northern District of California.
In this Lawsuit, Plaintiff David Swartz alleges that Defendants Dave's Killer Bread, Inc. and Flowers Foods, Inc. (collectively, "Defendants") violated California's Unfair Competition Law, by including unlawful labels on certain Products sold between Deceber 29, 2017, and September 5, 2023 (the "Class Period").
The "Products" include the following Dave's Killer Bread products
- Breads: 21 Whole Grain and Seeds; Good Seed; Powerseed; 100% Whole Wheat; and Righteous Rye;
- Thin Sliced Breads: 21 Whole Grains and Seeds Thin-Sliced; Good Seed Thin-Sliced; Powerseed Thin-Sliced; and Sprouted Whole Grains Thin-Sliced;
- Bagels: Epic Everything Bagels; Plain Awesome Bagels; Cinnamon Raisin Remix Bagels; and Boomin' Berry Bagels; and
- Buns: 21 Whole Grains and Seeds Burger Buns; and Burger Buns Done Right.
Defendants dispute that the labels on the Products violate California law or that consumers were harmed by Defendants' conduct.
YOUR RIGHTS AND OPTIONS
Do Nothing
If you do nothing, you will remain in the Class (and the Lawsuit) unless and until you are later excluded from the Class by the Court. As a member of the Class, you will be bound by the final orders and judgments of the Court in the Lawsuit regarding Plaintiff’s claims that Defendants acted unlawfully. If there is a monetary judgment or settlement that benefits the Class, you may receive a share of that recovery.
Opt Out
If you want to keep the right to sue Defendants separately over the claims brought by the Plaintiff, then you must take steps to get out of this Lawsuit. This is called “opting out” of, or asking to be excluded from, the Class. The deadline to opt out is May 7, 2025. Click the "Opt Out" button above to learn more about how to opt out.