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You may have received a Court-authorized Notice because you may be a Class Member in a proposed Settlement regarding alleged false, misleading, and deceptive labeling found on certain Well Beginnings, Meijer Baby, Little Journey, Wesley Farms, Burt’s Bees Baby, Berkley Jensen, Parent’s Choice, Earth’s Best Organic, Comforts, Up & Up, Babies “R” Us, Member’s Mark, and Bobbie Baby brand formula Products.
The Notice explains the nature of the lawsuit and the Claims being settled, your legal rights, and the proposed benefits to the Class.
Plaintiffs Trevor White, Terrence Corrigan, Sr., Sarah M. Serabian, and Astorria Sassano filed a lawsuit against defendant PBM Nutritionals, LLC, individually and on behalf of anyone who purchased certain Well Beginnings, Meijer Baby, Little Journey, Wesley Farms, Burt’s Bees Baby, Berkley Jensen, Parent’s Choice, Earth’s Best Organic, Comforts, Up & Up, Babies “R” Us, Member’s Mark, and Bobbie Baby formula Products for personal use between January 1, 2017 and July 21, 2022.
The Plaintiffs allege in the lawsuit that the Defendant made false, misleading and deceptive label representations that the Well Beginnings, Meijer Baby, Little Journey, Wesley Farms, Burt’s Bees Baby, Berkley Jensen, Parent’s Choice, Earth’s Best Organic, Comforts, Up & Up, Babies “R” Us, Member’s Mark, and Bobbie Baby brand formula Products could make a specified number of bottles of liquid formula. Contrary to those representations, Plaintiffs allege that the Products cannot make the represented number of bottles of liquid formula when consumers follow the “Directions for Preparation & Use”. Accordingly, Plaintiffs allege that the Products were deceptively and unlawfully labeled, packaged, and marketed.
Defendant PBM Nutritionals, LLC denies the Plaintiffs’ allegations and denies that it violated any law or caused any harm as alleged in the lawsuit. Defendant asserts that its labelling and marketing is truthful but has settled this case to avoid further litigation and distraction of resources from its business. The Court has not decided who is right.
The Court did not decide in favor of the Plaintiffs or Defendant. Instead, both sides agreed to settle this case to avoid the costs, disruption, and risk of further litigation.
The Class Representatives, Defendant, and their attorneys believe the proposed Settlement is fair, reasonable, and adequate, and is therefore in the best interest of the Class Members.
Full details about the proposed Settlement can be found in the Settlement Agreement available on this website.
You are included in the Settlement as a Class Member if you live in the United States and you purchased in the United States any of the specified Well Beginnings, Meijer Baby, Little Journey, Wesley Farms, Burt’s Bees Baby, Berkley Jensen, Parent’s Choice, Earth’s Best Organic, Comforts, Up & Up, Babies “R” Us, Member’s Mark, and Bobbie Baby brand Products (for personal use only) from January 1, 2017 through July 21, 2022.
Excluded from the Settlement Class are the following: (a) Persons who purchased or acquired any Products for resale; (b) the Released Parties; (c) all Persons who file a timely and valid Opt-Out; (d) Plaintiffs’ Counsel, their employees, and counsel as well as the household members of Plaintiffs’ employees and counsel; (e) Defendant’s Counsel, their employees, and counsel as well as the household members of Defendant’s employees and counsel; (e) federal, state, and local governments, political subdivisions or agencies of federal, state and local governments; and (f) the judicial officers, courtroom staff, and members of their households overseeing the Action.
A full list of the PBM brand formula products included in the Settlement can be found here.
If you are not sure whether you are in the Class, or have any other questions about the Settlement, write with questions to [email protected], or White v. PBM Nutritionals, LLC, C/O Kroll Settlement Administration LLC PO Box 225391, New York, NY, 10150-5391, or call 833-512-2316.
If the proposed Settlement is finally approved by the Court, and after any appeals are resolved, Defendant has agreed to:
1. Business Practices: Make lasting changes to the Well Beginnings, Meijer Baby, Little Journey, Wesley Farms, Burt’s Bees Baby, Berkley Jensen, Parent’s Choice, Earth’s Best Organic, Comforts, Up & Up, Babies “R” Us, Member’s Mark, and Bobbie Baby brand Products’ labels.
2. Individual Claims: Class Members are eligible for payments with, or without, Proof of Purchase:
• Tier 1 – Claims without Proof of Purchase:
You can get up to $2.00 per Unit purchased for up to a maximum of $10.00 per Household; or
• Tier 2 – Claims with Proof of Purchase:
You can get up to $2.00 per Unit purchased for which a valid Proof of Purchase has been provided, up to a maximum of $30.00 per Household.
A Settlement Class Member may only make a single Claim under either Tier 1 or Tier 2 (but not both), per household.
The deadline to make a valid claim is 11:59 p.m. Central Time on November 30, 2022.
You must submit a Claim Form, with or without Proof of Purchase, to be eligible to receive any money from the Settlement, if it is approved by the Court. You may complete the Claim Form online, or download a Claim Form. You may also email or call the Settlement Administrator at [email protected] or 833-512-2316 to request a Claim Form.
Your Claim Form must be postmarked or submitted online no later than 11:59 p.m. Central Time on November 30, 2022.
Unless you exclude yourself (Opt-Out), you will be included in the Settlement if it is approved by the Court. By staying in the Class, you will be eligible to receive monetary benefits provided by the Settlement, to which you may be entitled, and you will release the Defendant from all of the settled Claims in this lawsuit.
This means that you will no longer be able to sue PBM Nutritionals, LLC regarding any of the settled Claims if you are a Class Member and do not timely and properly Exclude yourself from the Class.
The settled Claims are any known or unknown Claims that any Class Member may at any time have up to July 21, 2022, arising out of the subject matter giving rise to the Claims in this lawsuit. In addition, Class Members expressly waive and relinquish the provisions of California Civil Code § 1542 (and all other similar provisions of law) to the full extent that these provisions may be applicable to this release. California Civil Code § 1542 provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
The full text of the Settlement Agreement, which includes all the provisions about settled Claims and Releases, is available here.
Possibly. The Class Representatives (Trevor White, Terrence Corrigan, Sr., Sarah M. Serabian, and Astorria Sassano) will request a Service Award of up to a maximum total amount of $17,500.00 in the aggregate (up to an amount of $3,500 per Class Representative), to compensate them for their services as Class Representatives and their efforts in bringing the lawsuit. The Court will make the final decision as to the amount, if any, to be paid to the Class Representatives.
If you do not want to be part of the Settlement, you must send a written request for exclusion (to Opt-Out). The request to exclude yourself from the Settlement must be made on an individual basis, and received by the Settlement Administrator at the below address on or before 11:59 p.m. on October 18, 2022:
White v. PBM Nutritionals, LLC
c/o Kroll Settlement Administration LLC
PO Box 225391
New York, NY 10150-5391
The Opt-Out request must contain the requestor’s name, address, the words “I wish to be excluded from the “White v. PBM Nutritionals, LLC Class Action,” and signature.
Please contact the Settlement Administrator for further instructions on how to submit an exclusion request.
No, not if you are a Class Member. If you do not exclude yourself from the Settlement, you forever give up the right to sue PBM Nutritionals, LLC and the Released Parties for all the Claims that this Settlement resolves.
If you submit a valid and timely request to be excluded, you cannot Object to the proposed Settlement. However, if you ask to be Excluded, you may sue or continue to sue PBM Nutritionals, LLC or the Released Parties about the same claims resolved by this Settlement in the future. You will not be bound by anything that happens in this lawsuit.
Yes. The Court has ordered that the Law Office of L. DeWayne Layfield, PLLC; KamberLaw LLC; Southern Atlantic Law Group, PLL; Steelman Gaunt Crowley; and Law Office of Howard W. Rubinstein, PA (together, “Class Counsel”) will represent the interests of all Class Members. Class Members will not be separately charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
If you want to tell the Court that you do not agree with the proposed Settlement, or some part of it, you can submit an Objection explaining why you do not think the Settlement should be approved.
You must deliver you Objection to the Settlement Administrator, Class Counsel, and PBM Nutritionals, LLC’s counsel, and file with the Court, a written statement of your Objection(s). Your Objection must include all of the following information:
a) The case name and number, Trevor White v. PBM Nutritionals, LLC, No. 22PH-CV00931 (Phelps County Circuit Court, MO.);
b) The name, address, telephone number, and, if available, the email address of the Person objecting;
c) The name and address of the lawyer(s), if any, who is representing the Person making the Objection or who may be entitled to compensation in connection with the Objection;
d) A detailed statement of Objection(s), including the grounds for those Objection(s);
e) Copies of any papers, briefs, or other documents upon which the Objection is based;
f) A statement of whether the Person objecting intends to appear at the Final Approval Hearing, either with or without counsel;
g) The identity of all counsel (if any) who will appear on behalf of the Person objecting at the Final Approval Hearing and all Persons (if any) who will be called to testify in support of the Objection;
h) A statement of his/her membership in the Settlement Class, including all information required by the Claim Form;
i) The signature of the Person objecting, in addition to the signature of any attorney representing the Person objecting in connection with the Objection; and
j) A detailed list of any other objection by the Settlement Class Member, or his/her counsel, to any class actions submitted in any court, whether state or otherwise, in the United States in the previous five (5) years. If the Settlement Class Member or his/her counsel has not objected to any other class action settlement in any court in the United States in the previous five (5) years, he/she shall affirmatively state so in the written materials provided in connection with the Objection to this Settlement.
You must send a copy of your Objection by First-Class mail, received (not merely postmarked) no later than 11:59 p.m. Central Time October 18, 2022, to:
Clerk of the Court
Phelps County Circuit Court
200 North Main Street
Rolla, MO 65401
In addition, you must mail a copy of your Objection to Class Counsel and Defense Counsel, postmarked no later than 11:59 p.m. Central Time October 18, 2022 to:
Bryce C. Crowley
STEELMAN GAUNT CROWLEY
901 Pine Street, Suite 110
Rolla, Missouri 65401
Email: [email protected]
Courtney L. Baird
DUANE MORRIS LLP
750 B Street, Suite 2900
San Diego, CA 92101-4681
Email: [email protected]
If you or your attorney intends to make an appearance at the Fairness Hearing and you have not so indicated in your Objection, you must also deliver, according to the above procedures, no later than October 18, 2022, a Notice of Intention to Appear. Any attorney hired by a Class Member to represent him or her and appear at the Fairness Hearing must also file a notice of appearance with the Court no later than October 18, 2022.
If you fail to comply with these requirements, or fail to submit your Objection before the deadline, you will be deemed to have waived all Objections and will not be entitled to speak at the Fairness Hearing.
A Court has preliminarily approved the Settlement and will hold a final Fairness Hearing to determine whether to give final approval to the Settlement. The purpose of the Fairness Hearing is for the Court to determine wither the Settlement should be approved as fair, reasonable, adequate, and in the best interests of the Class, and to consider the award of attorneys’ fees and costs to Class Counsel and to consider the request for a Service Awards to the Class Representatives. If there are any valid, timely Objections, the Court will consider them and listen to the people who have asked to speak at the hearing, if a request to do so was properly made.
The Court will hold the Fairness Hearing on October 26, 2022, at 9:00 am in the Circuit Court of Phelps County, Missouri. The hearing may be postponed to a different time, date, or location without additional notice, so it is recommended that you periodically check this website for updated information.
If you want additional information about this lawsuit, including a copy of the actual Settlement Agreement, the complaint filed in this lawsuit, the Court’s Preliminary Approval Order, Class Counsel’s Application for Attorneys’ Fees and Costs, other pertinent information, and to check the status of the Settlement or if the Settlement has been approved by the Court, please visit the Court Documents page. You may also contact the Settlement Administrator at 833-512-2316. To see papers filed with the Court and a history of this lawsuit, you may also visit or call the Clerk’s office at the Phelps County Circuit Court, 200 North Main Street, Rolla, MO 65401; (573) 458-6200. The Clerk will tell you how to obtain the complete file for inspection and copying at your own expense.
PLEASE DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR LITIGATION TO THE CLERK OF THE COURT OR THE JUDGE.