IF YOU PURCHASED CERTAIN HYLAND’S PRODUCTS, A CLASS …
IF YOU PURCHASED CERTAIN HYLAND¡¯S PRODUCTS,
A CLASS ACTION LAWSUIT MAY AFFECT YOUR LEGAL RIGHTS
Allen v. Hylands, Inc., Case No. CV 12-1150 DMG (MANx)
UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT
OF CALIFORNIA, WESTERN DIVISION
A Federal Court has Authorized this Notice. This Is Not a Solicitation From a Lawyer.
NOTICE OF CLASS ACTION LAWSUIT
Purchasers of certain Hyland¡¯s homeopathic products have sued Hyland¡¯s Inc., Standard Homeopathic Laboratories,
Inc., and Standard Homeopathic Company (collectively ¡°Hyland¡¯s¡±), alleging that the companies misrepresent the
effectiveness of the products.
The Court has allowed the lawsuit to be a class action on behalf of the following class of purchasers of Hyland¡¯s
products: All purchasers of Hyland¡¯s homeopathic products entitled Calms Fort¨¦ (except for purchases of Calms
Fort¨¦ in California), Teething Tablets, Migraine Headache Relief, Colic Tablets, Leg Cramps with Quinine,
Leg Cramps, Defend Cold & Cough, Defend Cold & Cough Night, Hyland¡¯s Cough, and Seasonal Allergy Relief for
personal or household use and not for resale, in the United States from the period February 9, 2008 to the present.
These products are identified collectively as the ¡°Hyland¡¯s Products.¡±
The Court has not decided whether Hyland¡¯s did anything wrong. There are no benefits available now, and no
guarantee that there will be. However, your legal rights may be affected, and you have a choice to make now.
YOUR LEGAL RIGHTS AND OPTIONS
WHAT IS THIS?
The Court has certified this lawsuit as a class action. The lawsuit alleges that
Hyland¡¯s made false and misleading representations about the effectiveness of
Hyland¡¯s Products.
You Can Stay In The Lawsuit And Await The Outcome. Give Up Certain Rights.
DO NOTHING
By doing nothing, you keep the possibility of getting money or benefits that may come
from a trial or a settlement. But you will give up any rights to sue Hyland¡¯s separately
about the same legal claims in this lawsuit.
You Can Get Out And You Will Not Get Any Benefits From This Lawsuit. Keep
Your Rights.
EXCLUDE YOURSELF
If you ask to be excluded and money or benefits are later awarded, you won¡¯t share in
those. But you will keep any rights to sue Hyland¡¯s separately about the same legal
claims in this lawsuit.
Your options and the deadlines to exercise them are explained in this Notice. To ask to be excluded, you must do so
before February 4, 2015.
The lawyers must prove the claims against Hyland¡¯s at a trial. If money or benefits are obtained from Hyland¡¯s,
you will be notified about how to ask for a share.
QUESTIONS? VISIT WWW.
OR CONTACT CLASS COUNSEL AT ADMIN@
HYANTE1
BASIC INFORMATION
1.
Why did I get this Notice?
This Notice explains that the Court has allowed, or ¡°certified,¡± a class action lawsuit that may affect you. You have
legal rights and options that you may exercise before the Court holds a trial. The trial is to decide whether the claims
being made against Hyland¡¯s on your behalf are correct. The Honorable Dolly M. Gee of the United States District
Court for the Central District of California is overseeing this class action. The lawsuit is known as Allen v.
Hyland¡¯s, Inc., Case No. CV 12-1150 DMG (MANx).
2.
What is this lawsuit about?
This lawsuit is about whether Hyland¡¯s made false and misleading statements about the effectiveness of the
Hyland¡¯s Products.
3.
What is a class action and who is involved?
In a class action lawsuit, one or more people called ¡°Class Representatives¡± sue on behalf of other people who have
similar claims. The Class Representatives and all of the people whose claims are being pursued in the case are called
the ¡°Class¡± or ¡°Class Members.¡± The companies they sued are called the Defendants. One court resolves the issues
for everyone in the Class, except for those people who choose to exclude themselves from the Class.
4.
Am I part of this Class?
If you purchased any of the Hyland¡¯s Products (Calms Fort¨¦, Teething Tablets, Migraine Headache Relief, Colic
Tablets, Leg Cramps with Quinine, Leg Cramps, Defend Cold & Cough, Defend Cold & Cough Night, Hyland¡¯s
Cough, and Seasonal Allergy Relief) at any time during the period from February 9, 2008 to the present anywhere in
the United States, except for people who purchased Calms Fort¨¦ in California, and your purchases were for personal
use and not for resale, then you are a part of the Class.
The Court has excluded from the Class (1) governmental entities; (2) Defendants, any entity in which Defendants
have a controlling interest, and Defendants¡¯ officers, directors, affiliates, legal representatives, employees,
co-conspirators, successors, subsidiaries and assigns; (3) the judicial officers and their immediate family members
and associated court staff assigned to this case; and (4) individuals who have fraud-based California¡¯s Unfair
Competition Law (UCL) claims with respect to Colic Tablets and Leg Cramps with Quinine.
5.
Why is this lawsuit a class action?
The Court decided that this lawsuit can be a class action and proceed to trial because it meets the requirements of
Federal Rule of Civil Procedure 23, which governs the class actions in federal courts.
More information about why the Court is allowing this lawsuit to be a class action is in the Court¡¯s Order
Re Plaintiffs¡¯ Motion for Class Certification ?Link?, which is available at .
THE CLAIMS IN THE LAWSUIT
6.
What does the lawsuit complain about?
Hyland¡¯s distributes and sells the Hyland¡¯s Products. Plaintiffs allege that Hyland¡¯s misrepresents the effectiveness
of the Hyland¡¯s Products and that the active ingredients are so diluted that the Hyland¡¯s Products provide no health
benefits. You can read Plaintiffs¡¯ Complaint ?Link? at .
7.
What is Hyland¡¯s Response to the Lawsuit?
Hyland¡¯s denies any wrongdoing and denies the Plaintiffs¡¯ allegations. You can read Hyland¡¯s Answer to the
Complaint ?Link? at .
-2-
QUESTIONS? VISIT WWW.
OR CONTACT CLASS COUNSEL AT ADMIN@
8.
Has the Court decided who is right?
The Court has not decided whether the Plaintiffs or the Defendants are correct. By establishing the Class and issuing
this Notice, the Court is not suggesting that the Plaintiffs will win or lose this case. The Plaintiffs must prove their
claims in the lawsuit, including at trial, if necessary.
9.
What are the Plaintiffs asking for?
The Plaintiffs are generally asking Hyland¡¯s to provide a full refund of the purchase price Class Members paid for
the Hyland¡¯s Products. The Plaintiffs¡¯ complaint also seeks to obtain all such other relief to which they may be
entitled to pursuant to California law, including, without limitation, actual and punitive damages.
No money or benefits are available now because the Court has not yet made a final decision whether Hyland¡¯s did
anything wrong, and the two sides have not settled the case. There is no guarantee that money or benefits ever will
be obtained. If they are, you will be notified about how to ask for a share.
YOUR RIGHTS AND OPTIONS
You have to decide now whether to stay in the Class or ask to be excluded before the trial.
10.
What happens if I do nothing at all?
You do not have to do anything now if you want to keep the possibility of getting money or benefits from this
lawsuit. By doing nothing, you are staying in the Class. If you stay in and the Class is awarded money or benefits,
either as a result of the trial or a settlement, you will be notified about how to apply for a share.
If you do nothing now, regardless of whether the Plaintiffs win or lose the trial, you will not be able to separately sue,
or continue to sue, Hyland¡¯s, as part of any other lawsuit, for the same legal claims that are the subject of the lawsuit.
You will also be legally bound by all Orders the Court issues and judgments the Court makes in this class action.
11.
Why would I ask to be excluded?
If you exclude yourself from the Class, you won¡¯t get any money or benefits from this lawsuit even if the Plaintiffs
are successful in winning the case after a trial or if Plaintiffs are able to reach a settlement in the case. However, you
may be able to separately sue Hyland¡¯s for claims that are the subject of this lawsuit. If you exclude yourself,
you will not be legally bound by the Court¡¯s judgments in this class action.
If you bring your own lawsuit against Hyland¡¯s after you exclude yourself, you will have to hire and pay your own
lawyer for that lawsuit, and you will have to prove your claims. If you do exclude yourself, you should talk to your
own lawyer soon, because your claims may be subject to the statute of limitations.
12.
How do I exclude myself from the Class?
To exclude yourself from the Class, you must send a written request for exclusion that is postmarked no later than
February 4, 2015, to the following:
Allen v. Hyland Notice Administrator
P.O. Box 43309
Providence, RI 02940-3309
Your request for exclusion must contain the following: (1) the name of this lawsuit (Allen v. Hyland¡¯s, Inc.,
Case No. CV 12-1150 DMG (MANx)); (2) your full name and current address; (3) a clear statement of your request
to exclude yourself such as ¡°I wish to be excluded from the Class¡±; and (4) your signature. You may also use the
Exclusion Request form that is available at ?Link? at .
-3-
QUESTIONS? VISIT WWW.
OR CONTACT CLASS COUNSEL AT ADMIN@
THE LAWYERS REPRESENTING YOU
13.
Do I have a lawyer in this case?
The Court appointed the Law Offices of Ronald A. Marron and Kreindler & Kreindler LLP to represent the Plaintiffs
and all Class Members as ¡°Class Counsel.¡± Their websites are at and
.
14.
Should I get my own lawyer?
If you choose to remain in the Class, you do not need to hire your own lawyer because Class Counsel are working on
your behalf. But if you want your own lawyer, you will be responsible for paying for that lawyer. For example,
you can ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for you.
15.
How will the lawyers be paid?
If Class Counsel are successful and obtain money or benefits for the Class, they may ask the Court for fees and
expenses. You will not have to pay these fees and expenses. If the Court grants Class Counsel¡¯s request, the fees
and expenses will either be deducted from any money obtained for the Class or paid separately by Hyland¡¯s.
THE TRIAL
16.
How and when will the Court decide who is right?
The trial date could be continued by the Court or agreement of the parties, but you still must opt out by the date
indicated in this notice. As long as the case is not resolved by a settlement or otherwise resolved by motion, Class
Counsel will have to prove the Plaintiffs¡¯ claims in this litigation at a trial. There is no guarantee that the Plaintiffs
will win or that they will get any money for the Class. The trial is scheduled for June 2, 2015.
17.
Do I have to come to the trial?
You do not need to attend the trial. Class Counsel will present the case for the Class Members, and Hyland¡¯s will
present the defenses. You are welcome to come at your own expense. If you wish to participate in the trial,
you should contact Class Counsel.
18.
Will I get money after the trial?
If the Class obtains money or benefits as a result of the trial or a settlement, you will be notified about how to
participate, if you have not excluded yourself from this class action. We do not know how long this will take.
GETTING MORE INFORMATION
19.
Are more details available?
You may obtain more information by visiting the website at , where you will
find the Plaintiffs¡¯ Complaint ?Link?, Defendants¡¯ Answer ?Link?, the Court¡¯s Order certifying the Class ?Link?,
and an Exclusion Request form ?Link?.
You may also contact Class Counsel by email at admin@ or by writing to or calling the following:
Allen v. Hyland Notice Administrator
P.O. Box 43309
Providence, RI 02940-3309
1-877-449-8521
Please Do Not Contact The Court, The Clerk Of The Court Or Hyland¡¯s Concerning This Notice.
Dated: October 2, 2014
By Order of the Court
UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT
OF CALIFORNIA, WESTERN DIVISION
-4-
QUESTIONS? VISIT WWW.
OR CONTACT CLASS COUNSEL AT ADMIN@
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