IF YOU 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 BRAND FORMULA PRODUCT(S) BETWEEN JANUARY 1, 2017 AND JULY 21, 2022, A CLASS ACTION SETTLEMENT MAY AFFECT YOUR RIGHTS
• A proposed Settlement has been reached in a class action lawsuit (“Lawsuit”) called Trevor White, et al. v. PBM Nutritionals, LLC, Case No. 22PH-CV00931, pending in Phelps County Circuit Court, Missouri. The Lawsuit claims that PBM Nutritionals, LLC (the maker of 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) (“Defendant”) deceptively packaged and labeled 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 as being able to make a specific number of liquid ounce bottles of formula when following the directions for preparation and use. PBM Nutritionals denies these allegations and asserts that its labelling and marketing is truthful but has settled this case to avoid further litigation and distraction of resources from its business.
• You may be included in the Settlement if you live in the United States and purchased in the United States at least one or more specific 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 (i.e. not for resale) between January 1, 2017 and July 21, 2022.
• The list located here contains the PBM Nutritionals brand Products that are included in the Settlement.
• To Settle the Lawsuit, the Defendant has agreed to: 1) Change its Labeling practices; and 2) Provide a maximum of $2,000,000 to pay valid Class Member Claims to United States residents who purchased, in the United States, 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 during the Class Period as well as pay Attorney's Fees and Costs and Class Representative Service Awards.
Your Legal Rights and Options in this Settlement
Submit Claim
You must submit
a Claim to get money from this Settlement.
Claim Forms must
be submitted online, or postmarked by November 30, 2022.
Do Nothing
If you do
nothing, you remain in the Settlement, you give up your rights to sue
Defendant about the same legal claims made in this Lawsuit, and you will not
get money from the Settlement.
Exclude
Yourself
Get out of the
Settlement. Get no money from the Settlement. Keep your rights.
This is the only
option that allows you to keep your right to sue PBM Nutritionals, LLC about
the claims in this Lawsuit. You will
not get any money from the Settlement. Your request to Exclude yourself
(Opt-Out) must be received by October 18, 2022.
Object
Stay in the Settlement,
but tell the Court why you think the Settlement should not be approved. Objections must be submitted by October
18, 2022.
Go to a
Hearing
You can ask to
speak in Court about the fairness of the Settlement, at your own
expense. The Fairness Hearing
is scheduled for October 26, 2022.
This website is authorized by the Court, supervised by Counsel and controlled by Kroll Settlement Administration LLC the Settlement Administrator approved by the Court. This is the only authorized website for this case.
Tuesday, October 18, 2022
You must complete and mail your request for exclusion form so that it is received by October 18, 2022.
Claim Form Deadline
Wednesday, November 30, 2022
You must submit your Claim Form online no later than November 30, 2022, or mail your completed paper Claim Form so that it is postmarked no later than November 30, 2022.
Final Approval Hearing Date
Wednesday, October 26, 2022
The Final Approval Hearing is scheduled for October 26, 2022. Please check this website for updates.
