What Is the Dwayne Johnson Energy Drink Lawsuit?
The Dwayne Johnson energy drink lawsuit is a consumer class action against ZOA Energy over its "0 Preservatives" label. Johnson co-founded the drink brand, but the case names only the company as defendant.
The case is Mikhail Gershzon v. ZOA Energy, LLC, No. 3:23-cv-5444-JD, in the U.S. District Court for the Northern District of California. Gershzon filed it on October 23, 2023.
It ended in a class settlement rather than a trial, so no court has found the label false. It is not a multidistrict litigation.
Many sites call the same case the ZOA Energy settlement or the ZOA Energy "0 Preservatives" lawsuit.
“A Settlement has been reached in the class action lawsuit (“Action”) styled Gershzon v. ZOA Energy, LLC, Case No. 3:23-cv-5444-JD, pending in the United States District Court for the Northern District of California. The lawsuit alleges that the statement “0 Preservatives” on the labels of ZOA Energy drinks (“Products”) is misleading because it contains citric and ascorbic acids.”
Source: Notice of Class Action and Proposed Settlement (Long Form Notice), Gershzon v. ZOA Energy, LLC, No. 3:23-cv-5444-JD (N.D. Cal.), as posted by ClassAction.org
Why Are People Filing Dwayne Johnson Energy Drink Lawsuits?
People filed Dwayne Johnson energy drink lawsuits because ZOA labeled its drinks "0 Preservatives" despite citric and ascorbic acids, they say.
The case rests on one plaintiff's complaint, brought for all U.S. buyers in the class period. Mikhail Gershzon called the label false and misleading.
Mealey's reports the allegations also covered sodium and potassium citrate. The settlement notice names only citric and ascorbic acids.
Gershzon pleaded claims under California's unfair competition, false advertising and consumer protection laws. He also pleaded breach of express warranty and unjust enrichment.
The settlement agreement says he was prepared to plead similar claims under other states' laws if the case continued.
What Injuries Are Included in the Dwayne Johnson Energy Drink Lawsuit?
The Dwayne Johnson energy drink lawsuit includes three injuries, all economic. The case concerns labeling and price, not physical harm.
Each item below defines the term in plain language and then states what the plaintiff alleged. The court made no finding on any of them.
Misleading Product Label
A misleading label is product packaging that gives buyers a false or confusing impression of what is inside.
The plaintiff alleged that the "0 Preservatives" statement on the cans was misleading. He pointed to citric acid and ascorbic acid in the ingredients, which he called chemical preservatives.
The label claim is the center of the case. Every other alleged injury follows from it.
Overpayment for the Drinks
Overpayment, in a consumer case, means paying more for a product than a buyer would have paid with accurate information.
The notice lists restitution based on unjust enrichment among the claims. Those claims generally seek the return of money a buyer paid.
The settlement pays by the can, which ties each payment to money spent on the drinks.
False Advertising
False advertising is a legal claim that a seller's statements about a product were untrue or likely to mislead consumers.
The notice cites California Business and Professions Code sections 17200 and 17500. It also cites the Consumers Legal Remedies Act. These laws cover unfair competition, false advertising and deceptive sales practices.
The settlement also releases claims over any other ZOA label or marketing statement a purchaser could call misleading.
Who Qualifies for the Dwayne Johnson Energy Drink Lawsuit?
You may qualify if:
- You bought a ZOA Energy drink labeled "0 Preservatives" between March 1, 2021 and November 21, 2025
- You bought the drink in the United States for personal or household use
- You were a class member when the settlement was approved, which bound you unless you opted out
You may not qualify if:
- You bought the drinks to resell or distribute them
- You are the judge, a judge's immediate family member, ZOA, a ZOA affiliate or officer, or class counsel
- You opted out of the settlement by the February 13, 2026 deadline
This summary follows the settlement class definition in the agreement. The claims deadline passed on February 20, 2026. Only the settlement administrator or a qualified attorney can confirm your own status.
What Is the Current Status of the Dwayne Johnson Energy Drink Lawsuit?
The current status of the Dwayne Johnson energy drink lawsuit is that it has settled. The court has entered final judgment. Judge James Donato signed the final approval order on August 19, 2026. The docket shows the civil case terminated that day.
The claims window closed on February 20, 2026. Settlement news sites report that payments began arriving in October 2026.
Gershzon v. ZOA Energy, LLC
Gershzon sued for himself and others similarly situated. The settlement agreement says no class was certified before the deal, and ZOA consented to certification only for settlement purposes.
| Court | U.S. District Court, Northern District of California |
| Case Number | 3:23-cv-5444-JD |
| Judge | James Donato |
| Filed | October 23, 2023 |
| Preliminary Approval | November 21, 2025 |
| Final Approval and Judgment | August 19, 2026, order re final approval of settlement, attorneys' fees and costs, and service award (Dkt. 53) |
| Claims Deadline | February 20, 2026 |
| Opt-Out and Objection Deadline | February 13, 2026 |
| Settlement Fund | $3,000,000, non-reversionary |
| Class Certified | Settlement class only |
| Counsel for Plaintiff | Michael D. Braun of Kuzyk Law, LLP, and Peter N. Wasylyk |
| Counsel for Defendant | Jesse S. Krompier of Morgan, Lewis & Bockius, per the docket listing |
A retired federal judge, Dickran Tevrizian, mediated the talks. The settlement agreement says the court denied preliminary approval of the first deal on June 25, 2025. The parties then renegotiated.
Has the Dwayne Johnson Energy Drink Lawsuit Settled?
Yes. The Dwayne Johnson energy drink lawsuit has settled for a $3 million non-reversionary fund. Judge Donato granted final approval on August 19, 2026.
The court made no finding that the label was false. Individual payments depend on the cans claimed and on a pro rata adjustment. No single amount applies to every class member.
The fund pays for notice and administration, attorneys' fees and costs, a service award and approved claims. Class counsel could request fees up to one-third of the fund, or $1 million. They could also request a service award up to $7,500. The sources reviewed here do not state what the court awarded.
Approved claims were set at $1 per can. The household cap was $150 with receipts and $10 without. The agreement adjusts payments up or down pro rata so the fund is fully used.
Open Class Actions reports a court filing saying payments rose to at least $2 per can. Claimants there report amounts such as $20.45. That reporting is secondary, and no administrator notice was found.
Uncashed payments expire 180 days after issuance. Expired payments and any leftover funds go to the Clean Label Project.
ZOA also agreed to labeling changes. Its new label does not say "0 Preservatives." ZOA will not return to that wording unless its ingredients drop citric and ascorbic acids. It will update website images within 60 days of the effective date. It may still sell cans with the old label and need not recall any product.
Latest Dwayne Johnson Energy Drink Lawsuit Updates
The latest Dwayne Johnson Energy Drink lawsuit updates and news, including new filings, rulings, and case-count reports, are tracked below as they're confirmed. As of November 2026, the Gershzon class action against ZOA Energy in federal court in California reached a settlement, described in the timeline below. The full timeline below covers every verified development since the first case was filed.
Full Dwayne Johnson Energy Drink Lawsuit Timeline
Claimants Report ZOA Settlement Payments Arriving
Open Class Actions reported on October 16, 2026 that claimants in Gershzon v. ZOA Energy were receiving payments, including one of $20.45 and some on prepaid cards. The site said the settlement website had not posted a payment announcement, so the distribution date is unconfirmed.
Mealey's Reports Final Approval of the ZOA Energy Settlement
Mealey's reported on August 24, 2026 that a California federal judge granted final approval to the ZOA Energy class settlement. The report describes the underlying claim as a violation of California's unfair competition law.
Judge Donato Enters Final Approval and Judgment in Gershzon
Judge James Donato signed an order on August 19, 2026. It granted final approval of the settlement, attorneys' fees and costs, and the service award. It also entered final judgment. The docket shows Gershzon v. ZOA Energy terminated that day.
Final Approval Hearing Was Scheduled for March 26
Class notices set the Gershzon final approval hearing for March 26, 2026 at 10:00 a.m. Pacific in San Francisco. The court did not enter its final approval order until August 19, 2026. The sources reviewed do not say what happened on the March date.
Claim Deadline Passes in the ZOA Energy Settlement
Class members had to submit a claim form online or postmark one by February 20, 2026. Claims filed after that date were subject to rejection under the settlement agreement.
Opt-Out and Objection Deadline Closes
Class members had until February 13, 2026 to exclude themselves from the ZOA Energy settlement or object to it. Those who did neither gave up the right to sue ZOA separately over the released claims.
Court Grants Preliminary Approval of the ZOA Settlement
The Northern District of California granted preliminary approval to the $3 million ZOA settlement on November 21, 2025, per ClassAction.org. The class period closes that day.
Court Denies Preliminary Approval of the First ZOA Deal
The settlement agreement recites a June 25, 2025 order denying preliminary approval of the parties' initial settlement in Gershzon. The parties then renegotiated to address the court's concerns and an added concern from certain state attorneys general.
Mikhail Gershzon Files the ZOA Energy Class Action
Mikhail Gershzon filed Gershzon v. ZOA Energy, LLC, No. 3:23-cv-5444, in the Northern District of California. He alleged the "0 Preservatives" label was misleading because the drinks contain citric and ascorbic acids.
How to File a Dwayne Johnson Energy Drink Lawsuit
Filing a Dwayne Johnson Energy Drink lawsuit generally involves the 5 steps outlined below.
- Check your claim status: The claims deadline passed on February 20, 2026, so new claims are generally no longer accepted. The settlement website lists the status.
- Find your class member ID: Look for the ID on your settlement notice or your original claim confirmation. The administrator uses it to look up a claim.
- Watch for your payment: Approved claimants receive a check or electronic payment according to the option chosen on the claim form.
- Redeem the payment within 180 days: A payment not redeemed within 180 days after issuance is forfeited and goes to the Clean Label Project.
- Ask a consumer attorney about other claims: The settlement released claims over the "0 Preservatives" label. An attorney can tell you whether any other ZOA claim could remain.
Dwayne Johnson Energy Drink Lawsuit is no longer accepting new claims. The claims deadline passed on February 20, 2026, and the court entered final approval on August 19, 2026. Only approved claims already on file are being paid.
What Evidence Do I Need for a Dwayne Johnson Energy Drink Lawsuit?
Evidence for a Dwayne Johnson energy drink lawsuit claim generally meant proof that you bought ZOA drinks labeled "0 Preservatives".
Proof could be a paper or email receipt or a purchase record from ZOA or a retailer. A removed UPC code also counted.
Claimants without proof could attest to their purchases under penalty of perjury. The agreement allowed one claim form per claimant.
The claims window is closed, so only claims already filed with this evidence are being paid.
Who Is the Defendant in the Dwayne Johnson Energy Drink Lawsuit?
The defendant in the Dwayne Johnson energy drink lawsuit is ZOA Energy, LLC, not Dwayne Johnson personally. The case caption names only the company.
News coverage describes Johnson as a co-founder and co-owner of the ZOA brand. The sources reviewed do not show him as a party to the case.
ZOA denies that its labeling and marketing were misleading. It settled without admitting liability, citing the cost and risk of continued litigation.
| Name | Role | Position in the Case |
|---|---|---|
| ZOA Energy, LLC | Defendant, the drink company | Funds the $3 million settlement |
| Mikhail Gershzon | Plaintiff and class representative | Alleged the label was misleading |
| Dwayne Johnson | Brand co-founder, per news reports | Not named in the case caption |
Frequently Asked Questions
What is the Dwayne Johnson energy drink lawsuit about?
The Dwayne Johnson energy drink lawsuit is about whether ZOA Energy's "0 Preservatives" label was misleading. Plaintiff Mikhail Gershzon said the drinks contain citric and ascorbic acids, and ZOA settled without admitting wrongdoing.
Is the Dwayne Johnson energy drink lawsuit a class action?
Yes, the Dwayne Johnson energy drink lawsuit is a class action, not a multidistrict litigation. It was filed in the Northern District of California and settled for U.S. buyers from March 1, 2021 to November 21, 2025.
Did the Dwayne Johnson energy drink lawsuit settle?
Yes, the Dwayne Johnson energy drink lawsuit settled for $3 million. Judge James Donato granted final approval on August 19, 2026, and the claims deadline had passed on February 20, 2026.
How much did people get from the ZOA Energy settlement?
The ZOA Energy settlement paid people $1 per can before adjustment. The cap was $150 per household with receipts or $10 without. Payments were adjusted pro rata, and one report says the rate rose to at least $2 per can.
Can I still file a claim in the ZOA Energy settlement?
No, you can no longer file a claim in the ZOA Energy settlement. The deadline passed on February 20, 2026, and only claims already on file are being paid.
Is Dwayne Johnson being sued over ZOA Energy?
Dwayne Johnson is not being sued personally over ZOA Energy. The defendant is ZOA Energy, LLC, the company he co-founded, and the case caption does not name him.