|
PLEASE
READ THIS ENTIRE NOTICE CAREFULLY.
YOUR
RIGHTS MAY BE AFFECTED BY LITIGATION NOW PENDING IN THIS COURT.
If
you bought Food Flavor Enhancers or products containing Food Flavor
Enhancers in California during any part of the period from January
1, 1990 to September 1, 2000 (the Class Period) (1)
from any manufacturer or processor other than a defendant in this
action, (2) from any wholesaler, (3) from any retailer, or (4) from
any other business entity or person, you may be a member in this
Settlement Class and your rights may be affected. The defendants
in this action are: Ajinomoto Company, Inc. and Ajinomoto U.S.A.,
Inc. (Ajinomoto), Takeda Chemical Industries, Ltd. (Takeda),
Kyowa Hakko Kogyo Co., Ltd. (Kyowa), Archer Daniels
Midland Co. (ADM), CJ Corp. and CJ America (Cheil),
Miwon Company Ltd., Miwon Trading and Shipping Co., Ltd., Miwon
Japan, Inc., Daesang America, Inc. f/k/a Miwon America, Inc., Daesang
Corporation, and Daesang Japan, Inc. (Daesang), and
Tung Hai Fermentation Industrial Corporation, n/k/a Vedan Enterprise
Corporation (Tung Hai). This Settlement Agreement is
between Tung Hai (Settling Defendant) and plaintiffs.
The other defendants previously settled this case against them paying
$10,590,000 in cash, and $500,000 in food product.
The
term Food Flavor Enhancers means and includes the products
Monosodium Glutamate (MSG), Disodium Inosinate (DSIor
IMP), Disodium Guanylate (DSG or GMP)
and the combination of IMP and GMP (I&G). IMP and
GMP and I&G are also known as nucleotides. Food Flavor Enhancers
are most commonly used in dehydrated soups and gravies; canned meat;
sausage and fish; prepared meals; tomato sauce and ketchup; mayonnaise;
snack foods (mix in salt); soy sauce; crab; prawn and shellfish
(preserved); Asian cuisine; prepared vegetables; and a variety of
other products. The litigation seeks treble damages for alleged
violations of the California antitrust laws with respect to the
pricing, marketing and sale of Food Flavor Enhancers. Various plaintiffs
filed lawsuits against the defendants listed above. A Consolidated
Amended Complaint was filed on September 1, 2000. Plaintiffs allege
that, beginning January 1, 1990 defendants engaged in an unlawful
conspiracy to fix, raise and stabilize the prices of Food Flavor
Enhancers in the United States in violation of the California antitrust
laws. Plaintiffs claim that, as a result of the alleged conspiracy,
they and other members of the Settlement Class described below have
paid more for Food Flavor Enhancers purchased indirectly than they
would have paid absent the alleged conspiracy. All defendants deny
that they have violated the antitrust laws and have asserted various
defenses.
Nonetheless,
the Settling Defendant concluded, despite its belief that it is
not liable for the claims asserted and it has good defenses thereto,
that it will enter into a settlement to avoid the further expense,
inconvenience and burden of this protracted litigation, and the
distraction and diversion of its personnel and resources, and to
avoid the risks inherent in uncertain, complex litigation.
The Settlement
Class is:
All
persons (including natural persons), sole proprietorships, partnerships,
corporations and other entities in the State of California who
indirectly purchased Food Flavor Enhancers in California from
any of the Defendants, or their respective predecessors, agents
or subsidiaries, at any time during the period January 1, 1990
to September 1, 2000. Excluded from the Settlement Class are governmental
entities, any judge, justice or judicial officer presiding over
this matter and members of his or her immediate family, the Defendants
and other manufacturers of Food Flavor Enhancers, along with their
respective parents, subsidiaries and/or affiliates. Also excluded
from this class are the legal representatives, heirs, successors,
and attorneys of any excluded person or entity, and any person
acting on behalf of any excluded person or entity.
THE
COURT HAS NOT HEARD OR PASSED ON ANY OF THE CONTENTIONS OF THE PARTIES.
THIS NOTICE IS NOT TO BE UNDERSTOOD AS AN EXPRESSION OF ANY OPINION
BY THE COURT AS TO THE MERITS OF ANY OF THE CLAIMS OR DEFENSES ASSERTED
BY ANY PARTY.
I.
THE SETTLEMENT
Under
the terms of the Settlement Agreement, Tung Hai has agreed to contribute
$100,000 in coffee product to the San Francisco Food Bank or other
mutually agreed-upon recipient, as well as $25,000 cash to pay Court-approved
notice cost. Settling Defendant is the last defendant in this case.
Prior notice was given of settlements with other defendants totaling
$10,590,000 in cash and $500,000 in food product.
If
you wish to remain a Settlement Class member, and agree to the Settlement,
you do not need to do anything. If you have any questions you may
write to the California MSG Antitrust Settlement Case Administrator,
c/o Rosenthal & Company LLC, P.O. Box 6177, Novato, CA 94948-6177.
If you are a Settlement Class member and do not timely exclude yourself
from the settlement, and the proposed settlement is granted final
approval, you will be bound by the settlement and the judgment in
these lawsuits, and the various claims that you may have against
the Settling Defendant will be released.
If
you wish to exclude yourself from the settlement, you must submit
a request for exclusion, postmarked on or before August 31, 2005,
to: California MSG Antitrust Settlement Case Administrator,
c/o Rosenthal & Company LLC, P.O. Box 6177, Novato, CA 94948-6177.
The
request for exclusion and the address on the envelope (1) must refer
to the name and number of this litigation, MSG Cases,
Master File No. 304471, (2) must state the name and address of the
member of the Settlement Class requesting exclusion (giving an attorney's
name and address is not sufficient), and (3) must state that such
Class Member elects to be excluded from the Settlement Class. Any
request for exclusion should also state the amount of Food Flavor
Enhancer products purchased during the Class Period from business
entities and persons other than the defendants in this action. If
you are unable to calculate the amount of such purchases at this
time, you should provide a good faith estimate of the amount of
such purchases. Any Settlement Class member who chooses to be excluded
will not be bound by any judgment entered in connection with this
settlement.
II.
NOTICE OF HEARING
The
Court has scheduled a hearing at 1:30 p.m., on October 19, 2005,
in the Courtroom of the Honorable Richard A. Kramer, Judge of the
San Francisco County Superior Court, Department 304, located at
400 McAllister Street, San Francisco, CA 94102-4512, for the purposes
of determining whether this settlement with Settling Defendant is
fair, adequate and reasonable and should be given final approval.
Although you may attend this hearing, you are not required to do
so to participate in the settlement. If you are a member of the
Settlement Class, and wish to comment in support of or in opposition
to any aspect of the proposed settlement, and/or wish to be heard
at the hearing, you must deliver or send by certified First-Class
mail to: California MSG Antitrust Settlement Case Administrator,
c/o Rosenthal & Company LLC, P.O. Box 6177, Novato, CA 94948-6177,
postmarked not later than August 31, 2005, a sworn statement in
writing, which shall include: (1) the class member's complete name
and residence or business address (giving an attorney's name and
address is not sufficient); (2) that the class members purchased
Food Flavor Enhancer products during the period January 1, 1990
through September 1, 2000; and (3) each ground for comment or objection
and any supporting papers the class member desires the Court to
consider. Copies of any objections received by Plaintiffs' counsel
pursuant to this paragraph shall be provided to counsel for the
Settling Defendant.
The
filing of any objection shall not extend the time within which a
class member may file a request for exclusion from this settlement.
For
more information or to receive a copy of the Settlement Agreement,
please direct your inquiry or request in writing to the California
MSG Antitrust Settlement Case Administrator, c/o Rosenthal &
Company LLC, P.O. Box 6177, Novato, CA 94948-6177, or call 1-800-207-0343
or visit the website at www.msgsettlement.com.
PLEASE
DO NOT ADDRESS ANY INQUIRIES TO THE COURT
|