Notice of Proposed Class Action Settlement
CIRCUIT COURT for PHELPS COUNTY, MISSOURI
Attention: If You Purchased Balance of Nature Products anywhere in
the United States between March 28, 2019 and October 27, 2025
PLEASE READ THIS NOTICE CAREFULLY
THIS NOTICE RELATES TO THE PENDENCY OF A CLASS ACTION LAWSUIT
AND, IF YOU ARE A SETTLEMENT CLASS MEMBER, CONTAINS
IMPORTANT INFORMATION ABOUT YOUR RIGHTS
A court has authorized this notice. This is not a solicitation from a lawyer.
The notice concerns a lawsuit called Vernita Morris, individually and on behalf of all
others similarly situated, v. Evig, LLC d/b/a Balance of Nature, Case No. 25PH-CV-01551,
filed in the Circuit Court of Phelps County, Missouri (the “Lawsuit”).
This proposed class action Settlement will resolve the Lawsuit against Evig, LLC
d/b/a Balance of Nature (“Defendant”). It affects the following persons:
All Persons who purchased one or more Units of Balance of Nature Products
in the United States between March 28, 2019, and October 27, 2025.
The following are excluded from the Class: (a) all Persons who purchased or acquired
the Product for resale; (b) all Persons who received a refund in an amount that equals
or exceeds the amount paid for the Product; (c) Defendant, and its directors, officers,
employees, principals, affiliated entities, legal representatives, successors, and
assigns; (d) any Person who files a valid, timely Opt-Out request; (e) federal, state,
and local governments (including all agencies and subdivisions thereof, but excluding
employees thereof); and (f) the Judge in this case, the Honorable William E. Hickle,
the mediator, the Honorable Wayne R. Andersen (ret.) and any members of their
immediate families, and any members of their chambers’ staffs.
The Lawsuit alleges that Defendant engaged in deceptive and misleading trade
practices in the manufacture and sale of premium-priced dietary supplements labeled and
branded as Balance of Nature Fruits capsules, Balance of Nature Veggies capsules, and
Balance of Nature Fiber & Spice powder (collectively, the “Products”), and in its advertising
and marketing representations about the quality, accuracy of listed ingredients, and
supposed proven health benefits of the Products.
Defendant denies any wrongdoing. It contends that the Products have always
been marketed truthfully and labeled accurately.
Questions? Visit www.supplements-settlement.com or call 1-888-577-2636
1
To settle the case, Defendant has agreed to provide a cash Benefit to Settlement Class
Members under two tiers:
Tier 1 Benefit – Proof of Purchase: Settlement Class Members who elect to fill
out the Claim Form for a Tier 1 claim and who have valid Proof(s) of Purchase may
recover up to a maximum of $6.00 per Unit, limited to 5 Units per Household for a
maximum benefit of $30.00 per Household; or
Tier 2 Benefit – No Proof of Purchase: Settlement Class Members who elect to
fill out the Claim Form for a Tier 2 claim and who do not have a valid Proof of
Purchase may recover up to a maximum of $4.00 per Unit per Household, limited to
2 Units, or $8.00 per Household.
However, you could receive less than that, depending on certain factors, including
how many Valid Claims are submitted.
“Unit” means a single bottle of any of the Products. By way of example, a Tier One
Claim for 5 Units means that the Settlement Class Member is seeking $30.00 ($6.00 per
Unit x 5 Units = $30.00) before adjustments by the Settlement Administrator. If the
Settlement Class Member made a single purchase of the Balance of Nature Whole Health
System, which includes one bottle each of Fruits, Veggies, and Fiber & Spice, he or she has
purchased 3 Units.
The total available Settlement Amount is $9,950,000.
The lawyers who represent the Class in the lawsuit will ask the Court for up to
$2,575,000 to be paid by Defendant as the Fee Award for investigating the facts, litigating
the case, and negotiating the Settlement. They will ask for $5,000 for the Plaintiff who
brought this lawsuit. That payment is called the “Class Representative Service Award.”
Your legal rights are affected whether you act or don’t act. Read this notice carefully.
This notice summarizes the proposed Settlement. For the precise terms and conditions of
the Settlement, please see the Settlement Agreement available at www.supplements-
settlement.com or contact the Settlement Administrator at 1-888-577-2636.
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE
TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.
Questions? Visit www.supplements-settlement.com or call 1-888-577-2636
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YOUR RIGHTS AND OPTIONS IN THIS SETTLEMENT DEADLINE
Submit a The only way to receive payment under the
Settlement for your purchases. March 11, 2026
Claim Form
Get out of the lawsuit and the Settlement.
This is the only option that allows you to
ever bring or join another lawsuit raising the February 9, 2026
Opt-Out same legal claims against the Defendant.
You will receive no payment from this
Settlement.
Write to the Court about any aspect of the
Settlement you don’t like or you don’t think
is fair, adequate, or reasonable. (If you object February 9, 2026
File Objection to any aspect of the Settlement, you must
submit a written Objection by the Objection
Deadline noted above.)
Speak in Court about the Settlement. (If you
Go to a object to any aspect of the Settlement, you
must submit a written Objection by the March 6, 2026
Hearing
Objection Deadline noted above.)
If you do not submit a claim form, you will
not receive any payment; also, unless you
opt-out, you will not have the right to sue
Do Nothing later for the claims released by the
Settlement; also, unless you file an objection,
you will not be able to speak in Court about
the Settlement at the hearing.
These rights and options—and the deadlines to exercise them—are explained in this
notice.
The Court in charge of this case still must decide whether to approve the Settlement.
Benefit Checks will be sent to Settlement Class Members only if the Court approves the
Settlement. If there are appeals, payments will not be made until the appeals are resolved
and the Settlement becomes effective. Please be patient.
Fairness Hearing
On March 6, 2026, at 9:00 a.m., the Court will hold a hearing to determine whether:
(1) the proposed Settlement should be approved as fair, reasonable, and adequate and
should receive final approval; (2) the Released Claims of the Settlement Class against the
Released Parties should be dismissed with prejudice; (3) Class Counsel’s Application for a
Fee Award should be granted; and (4) the application for the Class Representative Service
Awards payments should be granted. The hearing will be held in the Circuit Court of Phelps
County, Missouri, Rolla, Missouri located at 100 West 5th Street, Rolla, Missouri 65401. The
hearing will be held in the courtroom of the Honorable William E. Hickle, or in another
courtroom to be determined. This hearing date may change without further notice to you.
Consult the Settlement Website at www.supplements-settlement.com, or the Court docket
Questions? Visit www.supplements-settlement.com or call 1-888-577-2636
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in this case available through the Court’s website (https://www.courts.mo.gov/casenet), for
updated information on the hearing date and time.
Questions? Visit www.supplements-settlement.com or call 1-888-577-2636
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Important Dates
March 11, 2026 Claims Deadline
February 9, 2026 Objection Deadline
February 9, 2026 Opt-Out Deadline
March 6, 2026 Fairness Hearing
Table of Contents
1. How Do I Know If I Am Affected By the Settlement? ................................................... 1
2. What Is the Lawsuit About? ........................................................................................... 1
3. Why Is There A Lawsuit? ............................................................................................... 1
4. Why Is This Case Being Settled? ................................................................................... 2
5. What Can I Get In The Settlement? .............................................................................. 2
6. How Do I Make A Claim? ............................................................................................... 3
7. When Do I Get My Benefits? .......................................................................................... 3
8. Who Represents Me?....................................................................................................... 3
9. What Do Plaintiff and Class Counsel Get? .................................................................... 4
10. What Happens If I Do Not Opt-Out From The Settlement? ........................................ 4
11. How Do I Opt-Out From the Settlement?...................................................................... 6
12. How Do I Object to the Settlement?............................................................................... 8
13. When Will the Court Decide If the Settlement Is Approved?....................................... 8
14. How Do I Get More Information? ................................................................................... 9
Questions? Visit www.supplements-settlement.com or call 1-888-577-2636
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How Do I Know If I Am Affected by the Settlement?
This case involves Balance of Nature Products purchased in the United States
between March 28, 2019, and October 27, 2025. This proposed class action Settlement will
resolve the Lawsuit against Evig, LLC d/b/a Balance of Nature (“Defendant”). It affects the
following persons:
All Persons who purchased the Products in the United States between
March 28, 2019, and October 27, 2025.
The following are excluded from the Class: (a) all Persons who purchased or acquired
the Product for resale; (b) all Persons who received a refund in an amount that equals or
exceeds the amount paid for the Product; (c) Defendant, and its directors, officers,
employees, principals, affiliated entities, legal representatives, successors, and assigns; (d)
any Person who files a valid, timely Opt-Out request; (e) federal, state, and local
governments (including all agencies and subdivisions thereof, but excluding employees
thereof); and (f) the Judge in this case, the Honorable William E. Hickle and the mediator,
the Honorable Wayne R. Andersen (Ret.), and any members of their immediate families,
and any members of their chambers’ staffs.
For purposes of Settlement only, the Court has conditionally certified a Settlement
Class that is defined as all Persons who purchased Balance of Nature Products between
March 28, 2019, and October 27, 2025, in the United States.
If the Settlement does not become effective (for example, because it is not finally
approved, or the approval is reversed on appeal), then this litigation will continue.
What Is the Lawsuit About?
A lawsuit was brought by Plaintiff against Defendant based on allegations that
Defendant engaged in deceptive trade practices, breaches of warranties, fraud by silence,
and unjust enrichment in the manufacture and sale of dietary supplements labeled and
branded as “Balance of Nature Fruits,” “Balance of Nature Veggies,” and “Balance of Nature
Fiber & Spice” (collectively, the “Products”), and in its advertising and marketing
representations of the Products.
Defendant denies that there is any factual or legal basis for Plaintiff’s allegations.
Defendant contends that its Product labeling is accurate, denies making any
misrepresentations and, therefore, denies any liability. It also denies that Plaintiff or any
other members of the Settlement Class suffered any injury or are entitled to monetary or
other relief. Defendant also denies that this case can be certified as a class action, except
for purposes of Settlement. The Court has not determined whether Plaintiff or Defendant is
correct.
Why Is There A Lawsuit?
While Defendant denies that there is any legal entitlement to a refund or any other
Questions? Visit www.supplements-settlement.com or call 1-888-577-2636
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monetary relief or injunctive relief, Plaintiff contends that Defendant caused consumers to
purchase the Products when they would not otherwise have done so and/or Defendant
caused consumers to pay more for the Products as a result of the advertising or labeling.
The lawsuit seeks to recover money damages, on behalf of a class of all Purchasers in the
United States other than those who are otherwise excluded under the Settlement
Agreement.
Why Is This Case Being Settled?
Plaintiff filed her original lawsuit on September 4, 2025. Plaintiff’s counsel has
investigated the manufacturing, marketing, and labeling of the Products. Defendant has
produced numerous pages of documents for review. The Parties, to avoid the costs,
disruption, and distraction of further litigation and without admitting the truth of any
allegations made in the Action, or any liability with respect thereto, have engaged in arms-
length settlement negotiations that resulted in this Agreement. Those discussions were
built on an earlier class action settlement agreement, now terminated, that resulted from a
mediation under the supervision of retired United States District Judge Wayne Andersen.
This Settlement provides greater relief to class members than the now terminated
settlement agreement.
Counsel for both Plaintiff and Defendant have determined that there is significant
risk in continuing the litigation. In particular, there may be substantial difficulties
establishing: (1) that Defendant’s packaging and/or labeling of the Products were false,
misleading, or likely to deceive reasonable consumers; (2) that Defendant’s representations
about the Products were material to reasonable consumers; (3) that any price premium can
be attributed to the representations, and/or (4) that damages or restitution should be
awarded or, if so, that any such award should be more than nominal. In particular, it may
be difficult to establish that different marketing and labeling would have changed the
volume of sales or the pricing of the Products.
After considering the risks and costs of further litigation, the Parties have concluded
that it is desirable that the Plaintiff’s claims be settled and dismissed on the terms of the
Settlement Agreement. Plaintiff and her counsel believe that the terms and conditions of
the Settlement are fair, reasonable, adequate, and equitable, and that the Settlement is in
the best interest of the Settlement Class Members.
What Can I Get In the Settlement?
Settlement Class Members may elect either a Tier 1 or Tier 2 Benefit for Products
purchased between March 28, 2019, and October 27, 2025, regardless of the price the
Settlement Class Member paid, subject to further adjustments or reductions.
The Total Settlement Amount is $9,950,000, from which all Tier 1 or Tier 2 Benefits,
Administrative Expenses, Fee Award, and the Class Representative Service Award will be
paid. Depending on the number of Valid Claims and Administrative Expenses, the Benefit
payable to each Claimant could be less. Any unclaimed amount of the Settlement remains
with the Defendant.
Questions? Visit www.supplements-settlement.com or call 1-888-577-2636
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Tier 1 Benefit – Proof of Purchase: Settlement Class Members who timely submit
a Valid Claim Form for a Tier 1 claim and who have valid Proof(s) of Purchase may
recover up to a maximum of $6.00 per Unit, limited to 5 Units per Household for a
maximum benefit of $30.00 per Household; or
Tier 2 Benefit – No Proof of Purchase: Settlement Class Members who timely
submit a Valid Claim Form for a Tier 2 claim and who do not have a valid Proof of
Purchase may recover up to a maximum of $4.00 per Unit per Household, limited to
2 Units, or $8.00 per Household.
All Claims submitted from the same Household shall be treated as a single Claim including
for the purposes of meeting the Proof of Purchase requirements.
The Settlement Administrator may make further adjustments to the Benefit
depending upon the specific number of Valid Claims and information provided during the
Claim process.
Claims will be paid only if deemed valid and only after the Court approves the
Settlement.
How Do I Make A Claim?
To make a Claim, you must fill out the Claim Form available on this Settlement
Website, www.supplements-settlement.com. You can submit the Claim Form online, or you
can print it and mail it to the Settlement Administrator at: Balance of Nature Settlement
Administrator, PO Box 231, Valparaiso, IN 46384. Claim Forms must be submitted online
or postmarked by 11:59 p.m. Central Time on March 11, 2026.
For purposes of Claims by Class Members, the term “Proof of Purchase” means a
receipt, order confirmation, account order history (relevant portion), or other digital or
tangible documentation from Defendant, amazon.com or walmart.com, which reasonably
establishes the fact and approximate date of purchase of the Product during the Class Period
in the United States.
Benefit Checks or electronic payments will be issued only if the Court gives final
approval to the proposed Settlement and after the final approval is no longer subject to
appeal. Please be patient as this may take months or even years in the event of an appeal.
When Do I Get My Benefits?
Filing a Claim does not provide a guaranteed benefit. A Final Approval Hearing is
scheduled for March 6, 2026. If the Court approves the Settlement and there are no appeals,
then Benefit Checks will be distributed approximately 45 days after the Settlement is no
longer subject to appeal or review, unless otherwise ordered by the Court. If the Court does
not approve the Settlement, or if the Settlement is overturned on appeal, no Benefit Checks
will be issued.
Questions? Visit www.supplements-settlement.com or call 1-888-577-2636
3
Who Represents Me?
The Court has appointed Plaintiff’s counsel, David L. Steelman of Steelman & Gaunt,
Stuart L. Cochran of Condon Tobin Sladek Thornton Nerenberg PLLC; Britton D. Monts of
the Monts Law Firm; and Mathew H. Armstrong of Armstrong Law Firm LLC to represent
the Settlement Class. These lawyers are called Class Counsel. You will not be charged by
these lawyers. If you want to be represented in this case by your own lawyer, you may hire
one at your expense.
What Do Plaintiff and Class Counsel Get?
To date, Class Counsel has not been compensated for any of their work on this case.
As part of the Settlement, Class Counsel may apply to the Court to award them up to
$2,575,000 from Defendant to pay their Fee Award.
In addition, the named Class Representative in this case may apply to the Court for
a Class Representative Service Award up to $5,000 for Plaintiff. This payment is designed
to compensate the named Class Representative for the time, effort, and risks she undertook
in pursuing this litigation.
Class Counsel shall file its Application for a Fee Award and Class Service Award no
later than thirty (30) days prior to the Objection Deadline. A copy of that Application will
be available on the Settlement Website. The Court will determine the amount of Attorneys’
Fees and Expenses as well as the amount of any Class Representative Service Award to
Plaintiff.
What Happens If I Do Not Opt-Out from The Settlement?
If you are a Class Member and you do not Opt-Out from the Settlement, you will be
legally bound by all orders and judgments of the Court, and you will also be legally bound
to the Releases of the Claims in the Settlement. This means that in exchange for being a
Settlement Class Member and being eligible for the cash Benefits of the Settlement, you
will not be able to sue, continue to sue, or be part of any other lawsuit against Evig, LLC
d/b/a Balance of Nature and/or any of the Released Parties that involves the same legal
Claims as those resolved through this Settlement. If you do not Opt-Out, you will be bound
by the Settlement even if you do not timely submit a valid Claim.
You will not be responsible for any out-of-pocket costs or attorneys’ fees
concerning this case if you stay in the class.
Staying in the class also means that you agree to the following terms of the
Settlement that describe exactly the legal Claims that you give up:
a) Upon the Effective Date and without any further action by the Court or by any Party
to this Agreement, Plaintiff, all Settlement Class Members, Class Counsel, and any
Person claiming by or through him/her/it, including any Person claiming to be
his/her/its spouse, parent, child, heir, guardian, associate, co-owner, attorney, agent,
administrator, executor, devisee, predecessor, successor, assignee, assigns,
Questions? Visit www.supplements-settlement.com or call 1-888-577-2636
4
representative of any kind, shareholder, partner, director, employee or affiliate, for
good and sufficient consideration, the receipt and adequacy of which is acknowledged,
shall be deemed to, and shall, in fact, have remised, released and forever discharged
any and all Released Claims, which they, or any of them, had or has or may in the
future have or claim to have against any of the Released Parties.
b) Plaintiff and the Settlement Class Members fully release and forever discharge the
Released Parties from the following:
any and all claims, liens, demands, actions, causes of action, rights, duties,
obligations, damages or liabilities of any nature whatsoever, whether legal or
equitable or otherwise, known or unknown, that actually were, or could have
been, asserted in the Litigation, whether based upon any violation of any state or
federal statute or common law or regulation or otherwise, or arise directly or
indirectly out of, or in any way relate to: (i) the allegations, claims, or contentions
that were, or could have been, asserted in the Litigation, including but not limited
to allegations, claims, or contentions related in any way to the advertising,
labeling (including but not limited to packaging), marketing, claims, or
representations of any type whatsoever regarding the Products.
c) Plaintiff, Settlement Class Members, and Defendant expressly understand and
acknowledge that it is possible that unknown losses or claims exist or that present
losses may have been underestimated in amount or severity. Plaintiff, Settlement
Class Members, and Defendant explicitly took that into account in entering into this
Agreement, and a portion of the consideration and the mutual covenants contained
herein, having been bargained for between Plaintiff and Defendant with the
knowledge of the possibility of such unknown claims, were given in exchange for a
full accord, satisfaction, and discharge of all such claims. Consequently, Plaintiff,
Settlement Class Members, and Defendant expressly waive all provisions, rights and
benefits of laws such as California Civil Code Section 1542, which provides:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT 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.”
d) Plaintiff, Settlement Class Members, and Defendants hereby incorporate any
equivalent, comparable, or analogous provisions of the laws of the United States or
any state or territory thereof, or of the common law.
e) Each and every term of the Released Claims shall be binding upon, and inure to the
benefit of Plaintiff, Settlement Class Members and the Released Parties, and any of
their heirs, guardians, executors, administrators, representatives, agents, attorneys,
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5
partners, owners, successors, predecessors-in-interest, and assigns, which persons
are intended to be beneficiaries of this Section.
f) All personal injury claims are expressly excluded from the Released Claims.
g) The Final Approval Order shall further provide for and effect the release of all
actions, causes of action, claims, administrative claims, demands, debts, damages,
costs, attorney’s fees, obligations, judgments, expenses, compensation, or liabilities,
in law or in equity, whether now known or unknown, contingent or absolute, that
Plaintiff and the Settlement Class Members now have or may have against the
Released Parties by reason of any act, omission, harm, matter, cause, or event
whatsoever arising out of the initiation, prosecution, or settlement of the Action or
the claims and defenses asserted in the Action.
h) “Released Parties” means Defendant Evig LLC d/b/a Balance of Nature and each of
their past, present, future parent companies, related companies, successors in
interest to the Balance of Nature brand or the Products, direct and indirect
subsidiaries, and affiliates, including all former, present, future officers, directors,
managers, members, employees, owners, shareholders, consultants, insurers, agents,
representatives, successors, attorneys, and assigns of any of the foregoing. For the
avoidance of doubt, Released Parties shall include all persons or entities in the stream
of commerce for the development, manufacturing, labeling, marketing, advertising,
sale, and/or distribution of the Products, and shall also include Douglas Lex Howard
and Dr. Douglas S. Howard.
How Do I Opt-Out from The Settlement?
You can Opt-Out from the Settlement Class if you wish to retain the right to sue
Defendant separately for the Released Claims. If you Opt-Out, you cannot file a Claim or
Objection to the Settlement.
To Opt-Out, you must complete the online exclusion form on the Settlement Website,
download it, and submit it to the Settlement Administrator at info@supplements-
settlement.com or by first class mail, or submit by first class mail to the Settlement
Administrator a valid request to exclude themselves that contains the same information
required by the online exclusion form. Opt-Out requests mailed by first class mail must be
Postmarked to the Settlement Administrator by the Opt-Out Deadline or they shall not be
valid. Class Members who elect to Opt-Out from this Settlement shall not be permitted to
object to this Settlement or to intervene. Class Members shall be encouraged, but not
required, to provide their email addresses in their requests for exclusion. The Opt-Out
request must be submitted via email by no later than 11:59 p.m., Central Time on February
9, 2026. If mailed, the Opt-Out request must be signed by you, contain your full name,
address, and phone number(s), and the following statement: “I/We request to Opt-Out from
the settlement in the Balance of Nature Action.”
Questions? Visit www.supplements-settlement.com or call 1-888-577-2636
6
How Do I Object to The Settlement?
You can ask the Court to deny approval of the Settlement by timely filing an Objection
with the Court. You can’t ask the Court to order a larger Settlement; the Court can only
approve or disallow the Settlement. If the Court denies approval to the entire Settlement,
no Benefit Checks will be sent out, and the lawsuit will continue.
You can also ask the Court to disapprove the requested payments to Plaintiff and to
their attorneys. If those payments are disapproved, no additional money will be paid to the
Settlement Class. Instead, the funds earmarked for Plaintiff and their attorneys will be
retained by Defendant.
You may also appear at the Final Approval Hearing, either in person or through your
own attorney. If you appear through your own attorney, you are responsible for paying that
attorney. If you want to raise an objection to the Settlement at the Final Approval Hearing,
you must submit that objection in writing, by the Objection Deadline.
If you want to raise an Objection to the Settlement at the Final Approval Hearing,
you must submit that Objection in writing, by the Objection Deadline set forth above. Any
Objection must include: (a) a reference at the beginning to this case, Vernita Morris v. Evig
LLC d/b/a Balance of Nature, Case No. 25PH-CV-01551 filed in the Circuit Court of Phelps
County, Missouri; (b) the name, address, telephone number, and, if available, the email
address of the Person objecting, and if represented by counsel, of his/her counsel; (c) a
written statement of all grounds for the Objection, accompanied by any legal support for
such Objection; (d) whether he/she intends to appear at the Final Approval Hearing, either
with or without counsel; (e) whether he/she intends to present evidence at the Final
Approval Hearing and a disclosure of the evidence to be presented sufficient to put the
Parties on notice of the same, including identity of any witnesses or documents to be used,
either with or without counsel; (f) a statement of his/her membership in the Settlement
Class, including all information required by the Claim Form; and (g) a detailed list of any
other objections submitted by the 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
years. If the 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 years, he/she shall
affirmatively state so in the written materials provided in connection with the Objection to
this Settlement.
Any Class Member who fails to timely file and serve a written Objection
containing all of the information listed in the items (a) through (g) of the previous
paragraph, including notice of his/her intent to appear at the Final Approval Hearing, shall
not be permitted to object to the Settlement and shall be foreclosed from seeking any review
of the Settlement or the terms of the Agreement by any means, including but not limited to
an appeal.
Any Class Member who submits a timely written Objection shall consent to
deposition at the request of Class Counsel or Defendant’s counsel, to occur at least ten days
prior to the Final Approval Hearing. Any objector who fails to make him or herself
Questions? Visit www.supplements-settlement.com or call 1-888-577-2636
7
reasonably available for a timely deposition or fails to appear at a deposition shall be
deemed to have withdrawn his or her objection.
If any Objection is received by the Settlement Administrator, the Settlement
Administrator shall forward the Objection and all supporting documentation to counsel for
the Parties. At least fourteen days prior to the Final Approval Hearing, Plaintiff’s Class
Counsel shall submit all such Objections and supporting documentation with the Court.
The failure of the Class Member to comply with the filing requirements listed above and in
Section 6.4 of the Settlement Agreement shall be grounds for striking and/or overruling the
Objection, even if the Objection is submitted to the Settlement Administrator.
A Class Member who objects to the settlement may also submit a Claim Form on or
before the Claim Filing Deadline, which shall be processed in the same way as all other
Claim Forms. A Class Member shall not be entitled to an extension to the Claim Filing
Deadline merely because the Class Member has also submitted an objection.
By filing an Objection, you consent to the jurisdiction of the Court, including to any
order of the Court to produce documents or provide testimony prior to the Final Approval
Hearing.
If you file an Objection to the Settlement but still want to submit a Claim in the event
the Court approves the Settlement, you must still timely submit a Claim Form according to
the instructions described above.
You must also send a copy of your Objection to the Settlement Administrator, Class
Counsel, and Defendant’s counsel:
Counsel for Class: Counsel for Defendant:
Stuart L Cochran Daniel J. Hay
CONDON TOBIN SLADEK Sidley Austin LLP
THORNTON NERENBERG PLLC 1501 K Street, N.W.
8080 Park Lane, Ste 700 Washington, D.C. 20005
Dallas, Texas 75231 Email: [email protected]
Email: [email protected]
When Will The Court Decide If the Settlement Is Approved?
The Court will hold a hearing on March 6, 2026 to consider whether to approve the
Settlement. The hearing will be held in the Circuit Court of Phelps County, Missouri, Rolla,
Missouri located at 100 West 5th Street, Rolla, Missouri 65401. The hearing will be held in
the courtroom of the Honorable William E. Hickle, or in another courtroom to be determined.
The hearing is open to the public. This hearing date may change without further notice to
you. Consult the Settlement Website at www.supplements-settlement.com or the Court
Questions? Visit www.supplements-settlement.com or call 1-888-577-2636
8
docket in this case available through the Court’s website
(https://www.courts.mo.gov/casenet), for updated information on the hearing date and time.
How Do I Get More Information?
You can inspect many of the court documents connected with this case on the
Settlement Website. Other papers filed in this lawsuit are available by accessing the Court
docket in this case available through the Court’s website
(https://www.courts.mo.gov/casenet).
You can contact the Settlement Administrator at [email protected].
You can also obtain additional information by contacting Class Counsel:
Stuart L. Cochran
Condon Tobin Sladek Thornton Nerenberg PLLC
8080 Park Lane, Suite 700
Dallas, Texas 75231
Telephone: (214) 265-3800
[email protected]
Matthew H. Armstrong
ARMSTRONG LAW FIRM LLC
8816 Manchester Road. No. 109
St. Louis, Missouri 63144
Telephone: (314) 258-0212
[email protected]
Britton D. Monts
The Monts Firm
4450 Arapahoe Ave., Ste. 100
Boulder, Colorado 80303
Telephone: (512) 474-6092
[email protected]
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE
TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.
Questions? Visit www.supplements-settlement.com or call 1-888-577-2636
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