If you purchased certain Kashi Products between August 24, 2007 and May...

If you purchased certain Kashi Products between August 24, 2007 and May 1, 2014 and/or certain Bear Naked Products between September 21, 2007 and May 1, 2014 Your Legal Rights May Be Affected by a Settlement and You May be Entitled To a Cash Refund



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NEW YORK, June 9, 2014 /PRNewswire-HISPANIC PR WIRE/ — The following statement is being issued by Faruqi & Faruqi, LLP, Feinstein Doyle Payne & Kravec, LLC, and Finkelstein Thompson LLP regarding Astiana, et al. v. Kashi Company and Thurston, et al. v. Bear Naked, Inc.

If you purchased certain Kashi Products between August 24, 2007 and May 1, 2014 and/or certain Bear Naked Products between September 21, 2007 and May 1, 2014 Your Legal Rights May Be Affected by a Settlement and You May be Entitled To a Cash Refund

What Is This Notice About?

A proposed Settlement has been reached in two class action lawsuits which claimed that the marketing of certain Kashi Products as “All Natural” or “Nothing Artificial” and certain Bear Naked Products as “100% Natural” or “100% Pure & Natural” was not true. Kashi and Bear Naked stand by their marketing and deny that they did anything wrong. If you are a member of the Class in either or both lawsuits, you may make a claim by mailing or electronically submitting a Claim Form.

A federal court authorized this notice. Before any money is paid, the Court will have a hearing to decide whether to approve the Settlements. On July 28, 2014, Class Counsel in each case will submit their motions for final approval and request for attorneys’ fees and/or expenses, which will be available at www.NaturalClassSettlement.com or by calling 1-844-322-8154.

Am I a Class Member?

You may be a Kashi Class Member if you are a California resident and purchased between August 24, 2007 and May 1, 2014 one of the Kashi Products listed in section II, paragraph A.23 of the Kashi Stipulation of Settlement (available at www.NaturalClassSettlement.com). You may be a Bear Naked Class Member if you are a California resident and purchased between September 21, 2007 and May 1, 2014 one of the Bear Naked Products listed in section II, paragraph A.23 of the Bear Naked Stipulation of Settlement (at www.NaturalClassSettlement.com). Excluded from the classes are Kashi and Bear Naked employees, officers and directors; persons that purchased the Products for the purpose of re-sale; retailers or re-sellers of the Products; governmental entities; persons who properly exclude themselves from the Class; and the Court, the Court’s immediate family, and Court staff.

What do the Settlements Provide?

A Kashi Settlement Fund of $5 million will be created to pay notice and administrative costs, attorneys’ fees and expenses, Plaintiff Incentive Awards, and to reimburse Kashi Class Members for the Kashi Products they purchased. A Bear Naked Settlement Fund of $325,000 will be created to pay attorneys’ expenses, Plaintiff Incentive Awards, and to reimburse Bear Naked Class Members for the Bear Naked Products they purchased.

What Benefits Could I Receive?

If the Kashi Settlement is approved by the Court, Kashi Class Members will be able to recover: (1) a cash payment of $0.50 for each package purchased, up to a maximum of $25 (without proof of purchase); and (2) a cash payment of $0.50 for each package purchased, with no limitation (with proof of purchase).

If the Bear Naked Settlement is approved by the Court, Bear Naked Class Members will be able to recover: (1) a cash payment of $0.50 for each package purchased, up to a maximum of $10 (without proof of purchase); and (2) a cash payment of $0.50 for each package purchased, with no limitation (with proof of purchase).

For both the Kashi and Bear Naked Settlements, if the total amount of claims exceeds the available proceeds in the respective Settlement Funds, benefits will be reduced proportionally so that all eligible Class Members can be partially reimbursed.

What Are My Rights?

1. You Can Accept the Settlements. If you wish to receive the benefits under either or both Settlements, you MUST fill out and submit a Claim Form by August 25, 2014. You can obtain a Claim Form by (1) downloading one from www.NaturalClassSettlement.com; (2) calling the Settlement Administrator at 1-844-322-8154; or (3) mailing a written request for a Claim Form including your name and mailing address by regular mail to: All Natural Class Actions Settlement Administrator, c/o GCG, P.O. Box 10068, Dublin, OH 43017-6668. If you fail to timely submit a Claim Form and do not exclude yourself from a Settlement, then you will be bound by that Settlement but will not receive any benefits of that Settlement.

2. You Can Object to the Settlements. If you believe the Kashi Settlement is unsatisfactory, you may file a written objection with the Clerk of the Court for the United States District Court for the Southern District of California and send copies to the following Counsel representing the Class and Kashi: Plaintiffs’ Counsel: Nadeem Faruqi, Antonio Vozzolo, Faruqi & Faruqi LLP, 369 Lexington Ave., 10th Fl., New York, NY 10017 and Joseph Kravec, Wyatt Lison, Feinstein Doyle Payne & Kravec, LLC, 429 Forbes Ave., 17th Floor, Allegheny Building, Pittsburgh, PA 15219; Defendant’s Counsel: Dean Panos, Jenner & Block LLP, 353 North Clark Street, Chicago, IL 60654. If you believe the Bear Naked Settlement is unsatisfactory, you may file a written objection with the Clerk of the Court for the United States District Court for the Southern District of California and send copies to the following Counsel representing the Class and Bear Naked: Plaintiffs’ Counsel: Rosemary M. Rivas, Finkelstein Thompson LLP, 505 Montgomery St., Suite 300, San Francisco, CA 94111; Defendant’s Counsel: Dean Panos, Jenner & Block, 353 North Clark Street, Chicago, IL 60654.

The deadline for submitting objections to either Settlement is August 4, 2014.

3. You Can “Opt Out” of the Settlements. If you do not wish to participate in either or both Settlements, you must provide written notice so indicating. Such notice shall include your name, current address, and a statement that you want to be excluded from the lawsuit in Astiana, et al., v. Kashi Company, Case No. 11-CV-1967-H (BGS) and/or Thurston v. Bear Naked, Inc., Case No. 11-CV-2890-H (BGS). Such notice must be postmarked no later than August 25, 2014. Your written notice should be sent to: All Natural Class Actions Settlement Administrator, c/o GCG, P.O. Box 10068, Dublin, OH 43017-6668. Please be advised that if you “opt out” of a Settlement, you will not receive any money or benefits under that Settlement and will be responsible for any attorneys’ fees and costs you incur if you choose to pursue your own lawsuit.

The Fairness Hearing

On September 2, 2014, the Court will hold hearings to determine: (1) whether the proposed Settlements are fair, reasonable and adequate and should receive final approval; and (2) whether the applications for attorneys’ fees and/or expenses brought by the respective Class counsel should be granted. Objections to the proposed Settlements by Class Members will be considered by the Court, but only if such objections are filed in writing with the Court and sent to Plaintiffs’ and Defendant’s respective counsel by August 4, 2014. Class Members who support the proposed Settlements do not need to appear at the hearings or take any other action to indicate their approval. The hearing into the Kashi Settlement and the Bear Naked Settlement will take place at 10:30 a.m. and will be held in the United States District Court, Southern District of California, 333 West Broadway, San Diego, California 92101 in Courtroom 15A of the Honorable Marilyn L. Huff.

Additional Information

You may seek the advice and guidance of your own attorney if you desire. If you would like a detailed notice and Claim Form, you can get one by downloading one from www.NaturalClassSettlement.com, by writing to All Natural Class Actions Settlement Administrator, c/o GCG, P.O. Box 10068, Dublin, OH 43017-6668, or by calling 1-844-322-8154. Copies of the settlement agreements are available at www.NaturalClassSettlement.com, or may be obtained by examining the publicly available court records. You can also visit www.NaturalClassSettlement.com if you have any questions about this Settlement. Please do not contact the Court or Clerk for information.

By order of the United States District Court for the Southern District of California

SOURCE Faruqi & Faruqi, LLP, Feinstein Doyle Payne & Kravec, LLC, and Finkelstein Thompson LLP

If you purchased certain Kashi Products between August 24, 2007 and May 1, 2014 and/or certain Bear Naked Products between September 21, 2007 and May 1, 2014 Your Legal Rights May Be Affected by a Settlement and You May be Entitled To a Cash Refund