NEWARK, N.J., Feb. 4, 2010 (GLOBE NEWSWIRE) -- Legal Notice announcing a nationwide settlement involving Promise Activ SuperShots for Blood Pressure:
LEGAL NOTICE
If you purchased Promise Activ SuperShots for Blood Pressure (either a “SuperShots for Blood Pressure 4-Pack” or “SuperShots for Blood Pressure Club 15-Pack”), You Should Read this Notice as it Relates to your Legal Rights
A proposed settlement has been reached in a class action lawsuit about Promise Activ SuperShots for Blood Pressure. On May 1, 2009, Plaintiff, James Slaughter (“Plaintiff”), filed a lawsuit against Defendant, Unilever United States, Inc. (“Unilever” or “Defendant”). The lawsuit is pending in the United States District Court for the District of New Jersey (Case No. 2:09-cv-02072- WJM-CCC). The lawsuit alleges that Defendant’s advertising misrepresented the benefits of consuming SuperShots for Blood Pressure and, specifically, whether the product helps control blood pressure. Defendant denies the allegations and stands behind and supports its product and the representations/advertising it made about the product. Both sides have agreed to a Settlement to avoid the cost and risk of a trial, and so that the people affected can get benefits, in exchange for releasing the Defendant from liability. The Settlement does not mean that the Defendant broke any laws, or otherwise did anything wrong, and the Court did not decide which side was right. The Class Representative and the lawyers representing him think the Settlement is best for all Class Members.
Am I a Class Member? You’re a Class Member if you have purchased, not for resale, SuperShots for Blood Pressure in the United States, including the District of Columbia, the territories and possessions of the United States, and/or the Commonwealth of Puerto Rico, at any time up until the present.
What does the settlement provide? A $1,400,000 fund will be created to reimburse Class Members for the Products they purchased and to pay related expenses. Further details about how much you may receive are available at www.supershotsbpsettlement.com.
Reimbursement For SuperShots for Blood Pressure 4-Pack Purchases: Each Class Member who timely submits a valid Claim Form will receive $2.00 for each SuperShots for Blood Pressure 4-Pack package purchased on or after July 1, 2008, up to a maximum of eight (8) packages. If a Class Member submits both a valid Claim Form and receipts demonstrating the purchase of more than eight (8) packages, he/she/it will receive $2.00 for each package purchased, up to a maximum of sixteen (16) packages. Only one person can make a claim for each package purchased.
Reimbursement For SuperShots for Blood Pressure Club 15-Pack Purchases: Each Class Member who submits a valid Claim Form will receive $5.00 for each SuperShots for Blood Pressure Club15-Pack purchased on or after July 1, 2008, up to a maximum of four (4) Club 15-Packs. If a Class Member submits both a valid Claim Form and receipts demonstrating the purchase of more than four (4) Club 15-Packs, he/she/it will receive $5.00 for each Club 15-Pack purchased, up to a maximum of eight (8) packages. Only one person can make a claim for each package purchased.
Charitable Distribution: In the event that monies, including any accrued interest, remain in the Settlement Fund after payment of Class Counsel Fees and Expenses, Incentive Award, Settlement Costs and all monies owing Class Members who submitted valid Claim Forms, Unilever will contribute Unilever Products with a retail value equivalent to the remaining sum to non-profit organization(s), which organization(s) shall be agreed upon by the Parties and approved by the Court.
Your Right To Be Excluded From The Settlement: If you do not wish to remain a member of the Settlement Class, you must send a written request for exclusion, postage pre-paid and postmarked on or before March 19, 2010 to James C. Shah, Shepherd, Finkelman, Miller & Shah, LLP, 475 White Horse Pike, Collingswood, NJ 08107 and Ronald J. Levine, Herrick, Feinstein LLP, 210 Carnegie Center, Princeton, NJ 08540. Your request for exclusion must include: (1) your full name, current address and current telephone number; (2) the quantity, type and flavor of SuperShots for Blood Pressure product(s) purchased, the place of purchase and the approximate date of the purchase; (3) a clear statement that you wish to be excluded from the Class; and (4) your signature. IF YOU WANT TO RECEIVE BENEFITS UNDER THE SETTLEMENT, DO NOT REQUEST EXCLUSION FROM THE SETTLEMENT.
Your Right To Object To The Settlement: The Court has scheduled a hearing on April 19, 2010 at 10:00 a.m at the United States District Court for the District of New Jersey, Courtroom 4B, Newark, NJ, to consider whether the Settlement should be finally approved, whether attorneys’ fees and costs should be awarded to Plaintiff’s counsel, and whether an incentive award should be awarded to Plaintiff. The Court may adjourn this hearing without further notice. You may appear at the hearing, in person or through an attorney retained at your own expense, and object to the Settlement. In order to be heard at the hearing, you must, by NO LATER THAN MARCH 19, 2010, make any objection in writing and file it with the Court and also send it to: James C. Shah, Shepherd, Finkelman, Miller & Shah, LLP, 475 White Horse Pike, Collingswood, NJ 08107, and Ronald J. Levine, Herrick, Feinstein LLP, 210 Carnegie Center, Princeton, NJ 08540. Your objection must contain: (1) your full name, current address and telephone number; (2) the quantity, type and flavor of the SuperShots for Blood Pressure product(s) purchased, the place of purchase and the approximate date of the purchase; (3) the reasons why you object and the factual and legal reasons for your objection (including all documents you wish to submit in support of your objection); (4) a detailed list of any other objections to any class action settlements you submitted to any court, whether state, federal, or otherwise, in the United States in the previous five (5) years; (5) a Notice of Intention to Appear at the Final Approval Hearing if you intend to appear in person at the hearing; and (6) your signature. If you do not make your objection in the manner provided for herein, you will have waived such objection and shall forever be foreclosed from making any objection to the Settlement and the judgment approving the Settlement.
What are my options? To ask for a cash refund and remain in the Class, you must obtain a claim form from www.supershotsbpsettlement.com and mail a completed claim form by June 18, 2010. If you do not wish to participate in the settlement, you may exclude yourself from the Class by March 19, 2010. Or you may stay in the Class and object to the settlement by March 19, 2010. Visit the website for important information about these options.
The Court will hold a hearing on April 19, 2010 to consider the settlement and Class Counsel’s request for up to 30% of the Settlement Fund in attorneys’ fees, plus expenses, and a service award of $2,000 to Plaintiff. You don’t have to attend the hearing. For more information, visit www.supershotsbpsettlement.com.
Release Of Claims: If the Settlement receives final approval from the Court, you and all members of the Settlement Class will have fully released and forever discharged Unilever and the other Released Persons from all claims related to this lawsuit, as more fully set forth in the Settlement Agreement, unless you have elected to exclude yourself from the Settlement Class.
PLEASE DO NOT CONTACT THE COURT OR UNILEVER ABOUT THIS NOTICE