Frequently Asked Questions

The Court ordered that this Notice be provided to Class Members because they have a right to know about a Settlement of this class action lawsuit and about their rights and options before the Court decides whether to approve the Settlement. This Notice explains the lawsuit, the Settlement, and Class Members’ legal rights and options.

This lawsuit is being overseen by Circuit Judge Robert L. Koffman of the Circuit Court of Pettis County, Missouri (the “Court”). The lawsuit is known as Julie Slocum v. Gerber Products Co., Case No. 16PT-CC00065. The person who brought the suit (Julie Slocum) is called the “Plaintiff” or the “Class Representative” and the company she sued, Gerber Products Co. d/b/a Nestlé Nutrition, Nestlé Infant Nutrition and Nestlé Nutrition North America (“Gerber”), is called the “Defendant.” Sometimes the Plaintiff and the Defendant are referred to in this Notice collectively as “Parties” or individually as a “Party.”

This Notice is not an expression of any opinion by the Court about the merits of any claims or defenses by any of the Parties to this lawsuit or the fairness or adequacy of the proposed Settlement. This Notice is provided so that you may decide what steps, if any, you wish to take in relation to the proposed Settlement.

This lawsuit alleges that Gerber violated Missouri consumer protection law by allegedly making misleading statements about its Gerber® Good Start® infant formula to consumers who purchased the formula in the State of Missouri. Gerber denies that it did anything wrong, and the Court has not made any ruling on the merits of the claims in the lawsuit. There are no allegations in this lawsuit that the Product was defective or caused any bodily harm.

A class action is a lawsuit in which one or more individuals (in this case, Julie Slocum) sue on behalf of other people who have similar claims. All of these people are collectively referred to as a “class” or “class members.” In a class action, one case resolves the legal issues, legal claims, and legal defenses for all class members in one lawsuit, except for those people who ask to be excluded from the class.

The Court has not decided in favor of either Party, and it has not been established that Gerber did anything wrong. Instead, the Parties, with the assistance of mediator John R. Phillips, have reached a proposed settlement to resolve this matter without the expense and uncertainty of further litigation. If the Court grants final approval of the proposed settlement, the class members in this lawsuit receive the benefits described in this Notice. The Class Representative and the Class Counsel believe that the Settlement is fair, reasonable, and adequate and in the best interests of the Class.

To participate in the Settlement if it is granted final approval by the Court, you must be a member of the Class. The Class includes anyone who purchased the Product in the State of Missouri on or after March 14, 2011, through the present, subject to certain exceptions (described in Question 6).

The proposed Settlement does not include:

• Gerber, subsidiaries and affiliates of Gerber, directors and officers of Gerber, and members of their immediate families;
• Any government entities;
• The judge presiding over the class action lawsuit, the Court staff, and members of their immediate families; and
• Any person who excludes himself or herself from the Class (see Question 10).

If you are not sure whether you are a Class Member, or have any other questions about the proposed Settlement, visit the website, www.missourigoodstartclassaction.com.

The proposed Settlement, if approved by the Court, provides that Gerber has agreed to the entry of an order by the Court committing Gerber not to represent or advertise to Missouri consumers that Gerber® Good Start® infant formula prevents or reduces the risk of developing allergies or is effective in the cure, mitigation, or treatment of any disease, unless the representation is non-misleading and, at the time of making such representation, Gerber possesses and relies upon competent and reliable scientific evidence substantiating that the representation is true. The proposed Stipulated Order for Permanent Injunction and Other Equitable Relief is posted on the Settlement website for review by Class Members.

Unless you exclude yourself, you are part of the Class and cannot sue, continue to sue, or be part of any other lawsuit against Gerber concerning the legal and factual issues involved in this case or that are released by the Settlement Agreement, if approved by the Court, and the Court’s Final Judgment and Order. Plaintiff and the Class Members will be deemed to have, and by operation of the Final Judgment and Order will have, fully and finally released, relinquished, and discharged Gerber from the released claims.

EXCLUDING YOURSELF FROM THE PROPOSED SETTLEMENT

If you do not want to participate in this proposed Settlement and want to keep the right to sue Gerber on your own concerning the legal and factual issues involved this case, then you must take steps to exclude yourself or “opt out” of the Class, as described in this Notice and the Settlement Agreement, which was filed with the Court and is available on the Case Documents section. All Class Members who do not properly and timely exclude themselves from the Class will be bound by the terms of the Settlement Agreement, the releases set forth in the Settlement Agreement, and the Court’s Final Judgment and Order, if the Court grants final approval of the proposed Settlement.

You can exclude yourself from the Class and the proposed Settlement by mailing a Request for Exclusion in the form of a letter, postmarked no later than January 19, 2024, to the Settlement Administrator at the following email address: info@missourigoodstartclassaction.com.

Your Request for Exclusion letter must state that you want to be excluded from the Class in Julie Slocum v. Gerber Products Co., Case No. 16PT-CC00055, and must include your legal name, address, and telephone number. You must personally sign the letter.

If you ask to be excluded from the Class, you will not be eligible to object to the proposed Settlement. If you do not include the required information or do not mail your letter within the deadline, you will remain a Class Member and will not be able to sue Gerber on the basis of the legal and factual issues involved in this case.

THE LAWYERS REPRESENTING YOU

The Court has appointed the law firm of Shank & Heinemann, LLC of Mission Woods, Kansas, to represent you and the other Class Members in this lawsuit. The lawyers representing you and the other Class Members are called “Class Counsel.”

You do not need to hire your own lawyer in this case because Class Counsel is working on your behalf. However, if you want to be represented by your own lawyer and have that lawyer appear in Court for you in this case, you may hire one at your own expense. You also have the right to represent yourself before the Court without a lawyer.

Class Counsel has prosecuted this case seeking damages for the Class on a contingency fee basis. They have not received any fees or reimbursement for the expenses associated with litigating this case. When they ask the Court to grant final approval of the proposed Settlement, Class Counsel will ask the Court to award them reasonable attorneys’ fees and expenses under the Missouri Merchandising Practices Act (“MMPA”) in an amount of up to $80,000 to compensate and reimburse them for their efforts and expenses incurred in prosecuting this case. Gerber has agreed not to oppose or support any objection to Class Counsel’s request for attorneys’ fees, costs, and expenses in an amount not to exceed $80,000. If the Court grants Class Counsel’s request for attorney’s fees and expenses, Gerber will pay those fees and expenses, in addition to the costs to provide notice to the Class and to administer the settlement. No Class Member will pay anything. Class Counsel will file their application with the Court for an award of attorney’s fees and expenses not to exceed the above amount on or before January 30, 2024.

OBJECTING TO THE PROPOSED SETTLEMENT

As a Class Member, you have the right to file written comments or objections with the Court if there is something about the proposed Settlement that you do not like. If you object, you also have the right to appear at the Court’s Fairness Hearing, either in person or through your own counsel hired at your own expense and tell the Court why you object to the proposed Settlement.

To object to the proposed Settlement, your written objections must be filed with the Court by January 19, 2024, and mailed (or emailed) to each of the following addresses, postmarked by January 19, 2024:

In your written objections, you must:

• include your legal name, address, and telephone number; provide a clear reference that your objection is made with respect to the Settlement in the case of Julie Slocum v. Gerber Products Co., Case No. 16PT-CC00055.
• provide information sufficient to demonstrate membership in the Class (including the date you purchased the Product, the store or other seller from which you purchased the Product, and the location in Missouri where the purchase occurred);
• state the specific grounds for each objection asserted and include any legal support, papers, briefs, or evidence you wish to bring to the Court’s attention; and
• state whether you intend to appear at the Fairness Hearing, either in person or through counsel.
• You must also personally sign your written objections.

If you hire a lawyer to represent you for the purpose of making an objection, your lawyer must formally enter his or her appearance in the case by January 26, 2024.

Objecting is telling the Court that you do not like something about the proposed Settlement. You can object only if you stay in the Class. Excluding yourself from the Class is telling the Court that you do not want to be part of the Class or participate in the proposed Settlement. If you exclude yourself, you have no basis to object because the case no longer affects you.

THE COURT’S FAIRNESS HEARING

The Court will hold a Fairness Hearing at 9:00 a.m. on February 13, 2024, in the Circuit Court of Pettis County, Missouri, 415 S. Ohio, Sedalia, Missouri 65301. The Fairness Hearing may be moved to a different date or time without additional notice, so it is a good idea to check the Settlement website for updates.

At the Fairness Hearing, the Court will consider whether the proposed Settlement is fair, reasonable, and adequate. If there are any objections, the Court will consider them. The Court may also decide how much to pay Class Counsel and whether to pay the Class Representative a service award for prosecuting this case on behalf of the Class. The Parties have agreed that Class Counsel may request from the Court a service award of $5,000 for Julie Slocum to be paid by Gerber. After or at the Fairness Hearing, the Court will decide whether to grant final approval of the proposed Settlement.

No. Class Counsel will represent the interests of all Class Members who have not excluded themselves from the Class, and will answer questions the Court may have, at the Fairness Hearing. However, you are welcome to come at your own expense or pay your own lawyer to attend. If you send an objection, you do not have to come to the Court to talk about it. As long as you properly and timely mailed your objection, the Court will consider it.

Please note that the Court has the right to change the date and/or time of the Fairness Hearing without further notice. If you are planning to attend the Fairness Hearing, you should confirm the date and time before going to the Court.

Yes, you may ask the Court for permission to speak at the Fairness Hearing, if you have timely and properly filed a written objection. To ask for permission to speak at the Fairness Hearing, you must send a letter to the Court saying that it is your “Notice of Intention to Appear” in Julie Slocum v. Gerber Products Co., Case No. 16PT-CC00055, and telling the Court that you plan to attend the Fairness Hearing and would like permission to speak during the Hearing.

Your Notice of Intention to Appear letter must be postmarked no later than January 19, 2024, and mailed to the Clerk of the Court, Class Counsel, and Defense Counsel, at the following addresses:

GETTING MORE INFORMATION

This Notice provides a summary of the proposed Settlement. More details are available in the Case Documents section of the website, where you will find the Notice of Class Action Settlement, the Settlement Agreement, the Petition filed by Class Counsel, the Claim Form, and the Court’s Order Granting Preliminary Approval of the Class Action Settlement. Updates regarding the case will be posted on the Settlement website.