$25 of cash or $50 of tuna. Your choice.

Cash or tuna? StarKist settles lawsuit

Would you rather take home $25 in cash or $50 of tuna?

People who bought StarKist tuna have that choice due to a class action lawsuit settlement. The customers claimed that StarKist put less tuna in their cans than advertised.

The suit, filed in federal court in Oakland more than two years ago, charged that StarKist under-filled certain 5-ounce cans of chunk light tuna and solid white albacore tuna.

Federal law requires 5 ounce cans to contain between 2.84-ounces and 3.23-ounces of tuna, depending on the type. The customers said StarKist cans were a little bit below those minimum requirements.

StarKist did not admit fault but agreed to a settlement in which it will pay $8 million in cash and $4 million in vouchers to purchase StarKist tuna.

Many people who purchased StarKist tuna will be getting notices of the settlement and the chance to make a choice between cash and tuna. But those who bought the tuna and don't get a notice can sign up for the settlement at a website. They don't need a receipt, but they will need to swear that they purchased the product.

The law firm that brought the suit, Bursor & Fisher, will get up to $4 million, presumably all in cash.

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