Summary Notice for End User-Purchasers of Chocolate Candy

Oct 01, 2011, 09:21 ET from The Notice Company

HARRISBURG, Pa., Oct. 1, 2011 /PRNewswire/ -- The following release was issued today by The Notice Company Inc:

LEGAL NOTICE:  If You Bought Chocolate Candy, A Class Action Settlement May Affect You.

Settlements have been reached with Defendants Cadbury Holdings Ltd., Cadbury plc, and Cadbury Adams Canada, Inc. ("Cadbury"). The litigation is continuing against the remaining Defendants: Hershey Canada, Inc., The Hershey Company, Mars, Inc., Mars Snackfood U.S., LLC and Nestle U.S.A., Inc.  "Chocolate Candy" means chocolate bars and other confectionery products made by any Defendant and packaged to be sold at retail.

Who is Included?

You may be a member of the Direct Purchaser Plaintiffs Settlement Class if you purchased in the United States Chocolate Candy directly from any Defendant listed above from December 9, 2002 through December 20, 2007. You may be a member of the Indirect End User Plaintiffs Settlement Class if you purchased, in the United States or Guam, Chocolate Candy from someone other than a Defendant (such as at a retail store) for end use (personal consumption or gifts) and not for resale, from December 9, 2002 through December 20, 2007. If you made both direct and indirect purchases of Chocolate Candy, you may be a member of both settlement classes.

What is this case about?

The lawsuit claims that Defendants conspired to fix, raise, maintain or stabilize prices of Chocolate Candy resulting in overcharges to those who purchased Chocolate Candy made by a Defendant. The lawsuit seeks nationwide injunctive relief against the Defendants and money for certain class members. The vast majority of sales of Cadbury's chocolate candy products in the United States are made by the Hershey Company, pursuant to a trademark license agreement. The Defendants deny that they did anything wrong. The Court has not decided who is right.

What does the Settlement Provide?

The settlements provide for the payment by Cadbury of $250,000 in cash to the Indirect End User Plaintiffs, and $1,312,500 in cash to the Direct Purchaser Plaintiffs. It also provides for $250,000 to pay for notice of the settlements to all settlement classes. Cadbury has also agreed to provide certain cooperation in the prosecution of the litigation against the remaining Defendants.  

Who Represents You?

The Court has appointed separate Interim Lead Counsel for the Indirect End User Plaintiffs and the Direct Purchaser Plaintiffs, as set out in the detailed notices and the websites listed below. You do not have to pay these lawyers to represent you. You may hire your own attorney, if you wish, but if you do so you will be responsible for your own attorney's fees and expenses.

What are your Options?

If you wish to remain a member of the Direct Purchaser Plaintiffs Settlement Class or the Indirect End User Plaintiffs Settlement Class, you do not need to take any action at this time. If you don't want to be legally bound by either or both settlements, you must exclude yourself in writing by October 21, 2011, or you will not be able to sue, or continue to sue, Cadbury about the legal claims in this case.  If you stay in either or both settlement classes, you may object to the settlement by November 28, 2011.  The detailed notices describe how to exclude yourself or to object.  The U.S. District Court for the Middle District of Pennsylvania will hold a Fairness Hearing at 10:30 a.m. on December 12, 2011, at 228 Walnut Street, Harrisburg, PA 17108.  At this hearing the Court will consider whether the Settlements are fair, reasonable and adequate. The Court will also consider requests by Interim Lead Counsel for both classes to use the settlement funds for expenses to be incurred in the future in this case.  If there are objections or comments, the Court will consider them at that time.  You may appear at the hearing, but you don't have to. After the hearing, the Court will decide whether to approve the Settlements. Please do not contact the Court about this case.

This Notice is only a Summary. To obtain a detailed notice or a copy of the Settlement Agreement: Direct Purchaser Plaintiffs may visit Indirect End User Plaintiffs may visit, or write to Chocolate Settlement Indirect, c/o The Notice Company, P.O. Box 455, Hingham, MA 02043.

SOURCE The Notice Company