If you purchased Yo-Plus® brand yogurt in California, a recent court decision...

If you purchased Yo-Plus® brand yogurt in California, a recent court decision may affect your legal rights.



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SAN DIEGO, Sept. 17, 2012 /PRNewswire-HISPANIC PR WIRE/ — The following statement is being issued by Robbins Geller Rudman & Dowd, LLP regarding the Yo-Plus® brand yogurt class action in California.

LEGAL NOTICE

The lawsuit is called Johnson v. General Mills, Inc., Case No. 10-00061, and is in the United States District Court for the Central District of California. On April 20, 2011, the Court entered an order certifying a class action under the California’s Unfair Competition Law (“UCL”), Cal. Bus. & Prof. Code §§17200, et seq., California’s Consumers Legal Remedies Act (“CLRA”), Cal. Civ. Code §1770, et seq. The Court defined the class as “[A]ll persons who purchased YoPlus in the State of California from the date YoPlus was first sold in California to the date notice is first provided to the Class.”

What is this case about? The lawsuit claims that General Mills falsely advertises its Yo-Plus brand of yogurt. The lawsuit claims that General Mills advertised that Yo-Plus yogurt provides digestive health benefits that ordinary yogurt does not, and that this claim is untrue. The lawsuit seeks the return of money to the purchasers and a court order prohibiting the advertising. General Mills denies it did anything wrong and says its Yo-Plus advertising was truthful. For more information go to http://www.gcginc.com/cases/yoplus-class-action or call 1-800-449-4900.

The Court has not decided whether the Class or General Mills is right. The attorneys for the Class will have to prove their claim under the UCL at a trial, which is set to begin on December 4, 2012.

What is this notice about? During March and April, 2012, a Court-approved Notice was published, advising class members of a June 5, 2012 trial on Plaintiff’s UCL and CLRA class claims. On August 27, 2012, the Court decided that certification of Plaintiff’s claim under the CLRA was improper and ordered that the case proceed as a class action only on Plaintiff’s UCL claim.

How does this affect me? Because the case will no longer proceed as a class action for relief under the CLRA claim, your time for pursuing claims under the CLRA may be limited.

The time period, or statute of limitations, for filing a CLRA claim is three (3) years. These time limitations are strictly enforced by the courts and you should consult your own attorney for how the statute of limitations period would apply to your individual CLRA claim. Class counsel (Robbins Geller Rudman & Dowd, LLP, and Blood Hurst & O’Reardon, LLP) will no longer represent you with respect to that claim.

If you do not wish to pursue an individual claim for relief under the CLRA, you do not have to do anything. If you wish to pursue a claim for relief under the CLRA, you have two options.

(1) You may “exclude” yourself from this class action lawsuit (see below for details). If you exclude yourself from this lawsuit then Class counsel (Robbins Geller Rudman & Dowd, LLP, and Blood Hurst & O’Reardon, LLP) will no longer represent you with respect to any claim.

(2) Alternatively, you may be able to pursue a separate, individual CLRA claim without excluding yourself from the class action lawsuit. If you want to pursue a separate, individual claim under the CLRA, you should consult an attorney.

If you stay in the Class, you will be legally bound by all orders and judgments of the Court. If money or benefits are obtained, you will be notified about how to request it. To stay in the Class, you do not have to do anything now.

How do I request exclusion from the Class? If you ask to be excluded from the Class, you cannot get any money or benefits from this lawsuit if any are awarded, but you will keep any existing rights to sue General Mills for these claims and will not be bound by any orders or judgments of the Court. To ask to be excluded, send a letter to: Yo-Plus® Project Administration, c/o The Garden City Group, Inc., P.O. Box 9763, Dublin, OH 43017-5663, postmarked by November 28, 2012, that says you want to be excluded from the Johnson v. General Mills, Inc., Case No. 10-00061, class action. Include your name, address, and telephone number.

SOURCE Robbins Geller Rudman & Dowd, LLP

If you purchased Yo-Plus® brand yogurt in California, a recent court decision may affect your legal rights.