Naked Juice Settlement Class Website

Why was the Notice issued?
The Court ordered that the Notice be given because you have the right to know about a proposed settlement of a class action lawsuit, and about your rights and options, before the Court decides whether to approve the proposed settlement. You will be informed of the progress of this proposed settlement and may receive a cash payment if you are a Class Member (as described in the response to Question 5) and submit a completed and timely Claim Form.

The Notice explains: (1) this lawsuit, (2) the proposed settlement, (3) your legal rights, (4) what payments are available, (5) who is eligible for what payments under the settlement, (6) how to get a payment, and (7) other important information.

Information about the settlement is summarized below. The settlement agreement called the "Stipulation of Settlement," available here gives greater detail on the rights and duties of the parties and Class Members.

The persons who sued are called the "Plaintiffs." Naked Juice is the "Defendant."

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What is this lawsuit about?
This lawsuit is a combination of five separate class action lawsuits filed against Naked Juice. The consolidated lawsuit concerns claims that Naked Juice violated certain state and federal laws and consumer protection statutes in connection with the advertising, labeling, or marketing of the Eligible Products listed below in the response to Question 7 and arising out of or relating to the "100% Juice," "100% Fruit," "From Concentrate," "All Natural," "All Natural Fruit," "All Natural Fruit + Boosts," or "Non-GMO" (or Non-Genetically Modified Organism) statements, through any medium (on-label, internet or otherwise). The lawsuit claims that the Eligible Products contain ingredients that are not "All Natural" and contain GMOs (or Genetically Modified Organisms). Naked Juice denies all these claims. The Court in charge of this lawsuit is the United States District Court for the Central District of California.
The consolidated class action lawsuit is called Pappas v. Naked Juice Co. of Glendora, Inc., Case No. LA CV 11-08276-JAK (PLAx).

Information about the Settlement is summarized in this notice. More detail is provided in the settlement agreement called the "Stipulation of Settlement" and other documents (including the consolidated class action complaint), all available here

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Why is this a class action?
In a class action, one or more people called "Class Representatives" sue on behalf of themselves and other people who have similar claims. Together, all of these people are "Class Members." One Court resolves the issues for all Class Members in a Class Action, except for those who exclude themselves from the Class(see Question 17).

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Why is there a Proposed Settlement?
The Court has not decided in favor of the Plaintiffs or Naked Juice. Instead, both sides have agreed to the Proposed Settlement. By agreeing to the Proposed Settlement and if the Proposed Settlement is approved by the Court, they avoid the costs and uncertainty of a trial, and Class Members receive the benefits described in this notice. The Proposed Settlement does not mean that any law was broken or that Naked Juice did anything wrong, or that the Plaintiffs and the Class would or would not win their case if it were to go to trial. The parties believe that the Proposed Settlement is fair, reasonable, and adequate and will provide substantial benefit to the Class.

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WHO IS PART OF THE SETTLEMENT?

Who is included in the Proposed Settlement?
Except as noted below under Question 6, the Class includes all persons or entities in the United States who bought one or more of the Eligible Products (listed below under Question 7) from September 27, 2007 through August 19, 2013.

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Are there exceptions to being included?
The Proposed Settlement does not include:
- All persons who are employees, directors, officers, and agents of Naked Juice or PepsiCo or their subsidiaries and affiliated companies;
- Persons or entities who purchased the Eligible Products primarily for purposes of resale;
- Any claims for personal injury relating to the use of the Eligible Products;
- The judge and magistrate judge presiding over the class action, their immediate families, and the Court staff;
- Governmental entities;
- Any person who timely and properly excludes him or herself from the Class (see Question 17); and
- Anyone who purchased the Eligible Products via the Internet or other remote means while not residing in the United States.
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Which products are included?
The Naked Juice products that are the “Eligible Products” are listed here.

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What if I'm still not sure if I'm included?
If you are not sure whether you are a Class Member, or have any other questions about the Settlement call the toll free number, 1-(888) 283-2947. You may also send questions to the Settlement Administrator via e-mail at info@nakedjuiceclass.com or via U.S. Mail at: Naked Juice Settlement Administrator, c/o Gilardi & Co. LLC, P.O. Box 8090, San Rafael, CA 94912-8090

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THE SETTLEMENT BENEFITS — WHAT YOU CAN GET

What does the Proposed Settlement provide?
If the Settlement is approved and becomes final, it will provide benefits to Class Members. Naked Juice will pay $9,000,000 to a Settlement Fund to make payments to Class Members who file valid claims by submitting a Claim Form (see Question 14), as well as to pay for costs associated with the notice and administration of the Settlement, attorneys' fees and costs (see Question 21), and a special service payment to the Class Representatives (see Question 21).

In addition, Naked Juice has agreed to change the future labeling, advertising, and marketing of the Eligible Products so that on a going forward basis, Naked Juice does not use labeling, advertising, and marketing campaigns claiming that the Eligible Products are "All Natural" (including the "All Natural," "All Natural Fruit," and "All Natural Fruit + Boosts" statements). Naked Juice will also establish a product verification program to confirm the Non-GMO statement on the Eligible Products, hire or assign a quality control manager to oversee the independent testing process for the Naked Juice product line, and establish and maintain a central database to permit the electronic tracking and verification of product ingredients. The settlement agreement called the “Stipulation of Settlement,” available here, has more information

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What can I get from the Proposed Settlement?

You may be entitled to a cash payment of up to $75.00 if you have proof of purchase and up to $45.00 if you do not have proof of purchase. The amount of your payment will depend on the total amount of money you spent on the Eligible Products at any time from September 27, 2007 until August 19, 2013, whether you have proof of purchase for the products you bought, and on the number of Class Members who choose to make a claim.

If you have Proof of Purchase: If you submit proof of purchase of the products listed in response to Question 7, such as receipt(s) or other documentation demonstrating any purchase of the listed products from September 27, 2007 until August 19, 2013, with a timely and valid Claim Form, you will receive a full reimbursement of what you paid for the listed products up to a maximum of Seventy-Five Dollars ($75.00). Payment amounts will be adjusted to ensure that all eligible Class Members receive a payment, as follows: If the total value of all approved claims is greater than the amount of money available to pay claims (after costs and fees have been deducted), eligible Class Members' payments will be reduced on a pro rata basis.

If you do not have Proof of Purchase: If you purchased any of the products listed in response to Question 7 and do not have proof of your purchases, you may submit a Claim Form before the deadline and be eligible for the following:

IF YOU SPENT:	You COULD RECEIVE A MAXIMUM OF:
$45.01 or more	$45.00
$35.01 to $45.00	$35.00
$25.01 to $35.00	$25.00
$15.01 to $25.00	$15.00
$10.01 to $15.00	$10.00
$0.01 to $10.00	$5.00

Payment amounts will be adjusted to ensure that all eligible Class Members receive a payment, as follows: If the total value of all approved claims is greater than the amount of money available to pay claims (after costs and fees have been deducted), eligible Class Members' payments will be reduced on a pro rata basis.

The actual amount available for each eligible Class Member, whether or not proof of purchase is submitted with a Claim Form, will not be determined until after December 17, 2013 and all Claims Forms have been received, and may not be determined until after the Proposed Settlement is final. The values above ($75.00, $45.00, etc.) are the maximum amounts a Class Member could receive assuming there is no reduction in the value of the claims as explained above.

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What happens if there are any funds remaining?
If there are any funds remaining after all claims are processed, those funds will be distributed to the following non-profit organizations: Mayo Clinic, the National Association of IOLTA Programs, the Legal Aid Foundation of Los Angeles, Bay Area Legal Aid, Legal Aid Society of the District of Columbia, Greater Boston Legal Services, Legal Aid Society of Metropolitan Family Services (Chicago), The Texas Rio Grande Legal Aid, and Legal Services of Greater Miami. The remaining funds will not be returned to Naked Juice.

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What am I giving up if I stay in the Class?
Unless you exclude yourself from the Settlement, you can't sue Naked Juice or be part of any other lawsuit against Naked Juice about the issues in this case. Unless you exclude yourself, all of the decisions by the Court will bind you. The settlement agreement called the "Stipulation of Settlement" is available here and describes the claims that you give up if you remain in the Settlement.

By staying in the Class, you become a Class Member and you will automatically release Naked Juice and the Released Parties from any claims set forth below and will give up your rights to pursue or continue any action against Naked Juice relating to the Eligible Products and the claims at issue in this lawsuit. A word-for-word copy of the Release sections from the Stipulation of Settlement is copied below. Because Class Members will release a wide range of claims, please carefully read the following Release and Waiver of Claims":

"Released Claims" means and includes any and all claims, demands, rights, damages, obligations, suits, debts, liens, and causes of action under common law or statutory law (federal, state, or local) of every nature and description whatsoever, ascertained or unascertained, suspected or unsuspected, existing or claimed to exist, including unknown claims (as described further below) as of the Notice Date by all of the Plaintiffs and all Class Members (and Plaintiffs' and Class Members' respective heirs, guardians, executors, administrators, representatives, agents, attorneys, partners, successors, predecessors-in-interest, and assigns) that:

(i) were asserted or that could have been reasonably asserted in the Pappas, Evans, Marchewka, Park, and Sandys actions against the Released Parties (as hereinafter
defined), or any of them, and that arise out of or are related in any way to any or all of the acts, omissions, facts, matters, transactions, or occurrences that were or could have been directly or indirectly alleged or referred to in the Pappas, Evans, Marchewka, Park, and Sandys actions (including, but not limited to, alleged violations of state consumer protection, unfair competition, and/or false or deceptive advertising statutes (including, but not limited to, Cal. Bus. & Prof. Code § 17200 et seq., Cal. Bus. & Prof. Code § 17500 et seq., Cal. Civ. Code § 1750 et seq., N.Y. Gen. Bus. Law §§ 349-350, and N.Y. Gen. Bus. Law § 392-b)); breach of express or implied warranty (including, but not limited to, claims arising under state law and/or the Magnuson-Moss Warranty Act); fraud; negligence; product liability; conspiracy; assault and battery; unjust enrichment, restitution, declaratory or injunctive relief, and other equitable claims or claims sounding in contract and tort); and

(ii) relate in any way to the advertising, labeling, or marketing of the Eligible Products and arising out of or relating to the "100% Juice," "100% Fruit," "From Concentrate," "All Natural," "All Natural Fruit," "All Natural Fruit + Boosts," or "Non- GMO" statements, through any medium (on-label, internet, or otherwise).

Notwithstanding any other provision of this Stipulation of Settlement, "Released Claims" do not include claims for personal injuries. Plaintiffs and Class Members are not releasing any claims, demands, rights, damages, obligations, suits, debts, liens, and causes of action relating to personal injuries.

"Released Claims" shall be construed as broadly as possible to effect complete finality over this litigation involving Naked Juice advertising, labeling, and/or marketing of the Eligible Products as set forth herein.

Released Parties" shall be defined and construed broadly to effectuate a complete and comprehensive release, and means:

(a) Naked Juice and PepsiCo, Inc. ("PepsiCo"), and each of their past, present, and future employees, assigns, attorneys, agents, advertising agencies, consultants, officers, and directors;

(b) All of Naked Juice's and PepsiCo's past, present and future parents, subsidiaries, divisions, affiliates, predecessors, and successors, and each of their respective employees, assigns, attorneys, agents, resellers, officers, and directors; and

(c) Any and all persons, entities, or corporations involved in any way in the development, creation, sale, advertising, labeling, or marketing of the Eligible Products or their ingredients, and any other vendor or any company that supplied any ingredients to Naked Juice or PepsiCo.

"Releasing Parties" means Plaintiffs and all Class Members, and each of their heirs, guardians, executors, administrators, representatives, agents, attorneys, partners, successors, predecessors-in interest, and assigns.

Upon the Effective Date, the Releasing Parties shall be deemed to have, and by operation of the Final Order and Final Judgment shall have, fully, finally and forever released, relinquished, and discharged all Released Claims against the Released Parties. Further, Naked Juice will release, waive, and discharge, on the Effective Date, all legal claims, causes of actions, cross-claims, or counter claims against Plaintiffs, the Class Members, Plaintiffs' Counsel, the attorneys of record in any of the actions consolidated in the Action, and Class Counsel (collectively, "Plaintiff Released Parties") arising from or related to the Products and claims at issue or in the Action or in any of the actions consolidated into the Action (the "Plaintiff Released Claims"). The Released Claims shall be construed as broadly as possible to effect complete finality over this litigation involving Naked Juice advertising, labeling, and/or marketing of the Eligible Products as set forth herein.

Members of the Class who have opted out of the Settlement by the date set by the Court do not release their claims and will not obtain any benefits of the Settlement. The Released Claims and the Plaintiff Released Claims include known and unknown claims relating to the Action, and this Stipulation of Settlement is expressly intended to cover and include all such injuries or damages, including all rights of action thereunder. Plaintiffs, Class Members and Naked Juice hereby expressly, knowingly, and voluntarily waive the provisions of Section 1542 of the California Civil Code, which provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Plaintiffs, Class Members, and Naked Juice expressly waive and relinquish any and all rights and benefits that they may have under, or that may be conferred upon them by, the provisions of Section 1542 of the California Civil Code, or any other law of any state or territory that is similar, comparable, or equivalent to Section 1542, to the fullest extent that they may lawfully waive such rights or benefits pertaining to the Released Claims and the Plaintiff Released Claims. In connection with such waiver and relinquishment, Plaintiffs, the Class Members, and Naked Juice hereby acknowledge that they are aware that they or their attorneys may hereafter discover claims or facts in addition to or different from those that they now know or believe exist with respect to the Released Claims and the Plaintiff Released Claims, but that it is their intention to hereby fully, finally, and forever settle and release all of the Released Claims and the Plaintiff Released Claims known or unknown, suspected or unsuspected, that they have against the Released Parties. In furtherance of such intention, the release herein given by Plaintiffs, the Class Members, and Naked Juice to the Released Parties and the Plaintiff Released Parties shall be and remain in effect as a full and complete general release notwithstanding the discovery or existence of any such additional different claims or facts. Each of the Parties expressly acknowledges that he/she/it has been advised by his/her/its attorney of the contents and effect of Section 1542, and with knowledge, each of the Parties hereby expressly waives whatever benefits he/she/it may have had pursuant to such section. Plaintiffs and Class Members are not releasing any claims for personal injuries. Plaintiffs acknowledge, and the Class Members shall be deemed by operation of the Final Judgment to have acknowledged, that the foregoing waiver was, separately bargained for and a material element of theSettlement of which this release is a part.

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When will I get my payment, if any?
Class Members who submit valid claims will receive their payments only after the Court grants final approval to the Settlement and after any appeals are resolved (see "The Court's Fairness Hearing" below). If there are appeals, resolving them can take time. Please be patient.

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HOW TO RECEIVE A PAYMENT

How can I get a payment?
To get a payment under the Settlement, you must send in a Claim Form. A Claim Form for online claims and directions are available here. You may also obtain and print a Claim Form and other relevant documents here Please read the instructions carefully, and fill out the form completely and accurately. Claim Forms can be submitted two ways: electronically or by mail. Your Claim Form must be submitted electronically here no later than December 17, 2013 or by mail postmarked no later than December 17, 2013 and addressed to:

Naked Juice Settlement Administrator
c/o Gilardi & Co. LLC
P.O. Box 808061
Petaluma, CA 94975-8061

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What is the claim process?
The Settlement Administrator will review each Claim Form. If you do not submit proof of purchases, in some cases, you may be asked to verify your purchase(s) of any of the Eligible Products, by providing receipt(s) or other documentation. If you do not respond to these requests, it may result in the denial or reduction of your claim.

If a claim is not contested, you will receive payment for that claim in accordance with the terms of the Stipulation of Settlement. All usual and customary steps to prevent fraud and abuse in the claim process will be taken. This includes denying claims in whole or in part to prevent fraud or abuse. Class Counsel and Naked Juice will be provided a report on the denial of any claim due to insufficient documentation and may recommend additional action including payment.

The payment of approved claims will begin one-hundred and twenty (120) days after the close of the Claim Period so long as this period is after the date the settlement is final and approved, including any appeals that must be resolved in favor of the settlement (the "Effective Date").

The Court will hold a Fairness Hearing on December 2, 2013 at 8:30 a.m. to decide whether or not to approve the proposed settlement. The Court must finally approve the proposed settlement before any payments can be made. The Court will grant its approval only if it finds that the proposed settlement is fair, reasonable, and adequate.

In addition, the Court's order may be subject to appeals. It is always uncertain whether these appeals can be resolved, and resolving them takes time, sometimes more than a year. Finally, there remains a possibility that this settlement may be terminated for other reasons.

Everyone who sends in a Claim Form will be informed of the progress of the settlement by contacting the Settlement Administrator or Class Counsel, or by visiting this website. Please be patient. The Settlement Administrator will begin to pay approved Claims within one hundred and twenty (120) days after the close of the Claim Period, so long as this period is after the Effective Date. In the event the Effective Date falls after the close of the Claim Period, then the Settlement Administrator shall begin to pay approved Claims commencing no later than one hundred and twenty (120) days after the Effective Date. Not later than one hundred and sixty (160) days after either the occurrence of the Effective Date or the close of the Claim Period, whichever is later, the Settlement Administrator shall have completed the payment to Class Members who have submitted timely, valid and approved Claims pursuant to the Claim Process. Please note, however, that the Parties may, only upon their joint agreement, commence this payment period after final approval of the settlement by the Court, but before the attainment of the Effective Date.

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What if I do nothing?
If you are a Class Member and you do nothing, you will not get any payment from the Settlement and you will be bound by the Court's decisions and the Settlement's "Release and Waiver of Claims" (see Question 12). To receive a payment, you must complete and submit a Claim Form on or before December 17, 2013 (see Question 14).

Unless you exclude yourself from the Class, if the settlement is approved you won't be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Naked Juice about the claims in this lawsuit ever again, regardless of whether you submit a Claim Form.

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EXCLUDING YOURSELF FROM THE SETTLEMENT

If you don't want a payment from this Settlement, but you want to keep the right to sue or continue to sue Naked Juice on your own about the legal issues in this case, then you must take steps to get out of the Class. This is called excluding yourself – or it is sometimes referred to as "opting out" of the Class.

How can I get out of the Proposed Settlement?
To exclude yourself from the Class, you must send by U.S. mail a letter or written request to the Settlement Administrator. Your request must include all of the following:

1. Your full name and current address;
2. A clear statement that you wish to be excluded from the Class;
3. The case name and case number:
(Pappas v. Naked Juice of Glendora, Inc., Case No. LA CV 11-08276-JAK (PLAx)); and
4. Your signature (you must personally sign the letter).

Please write "EXCLUSION REQUEST" on the lower left-hand corner of the front of the envelope. Your exclusion request must be postmarked no later than November 11, 2013. Send your request to:

Naked Juice Settlement Administrator
c/o Gilardi & Co., LLC
P.O. Box 8090
San Rafael, CA 94912-8090

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If I exclude myself, can I still get a payment?
No. You will not get a payment if you exclude yourself from the Settlement. If you request exclusion from the Class, then:
- You will not be eligible for payment under the Proposed Settlement;
- You will not be allowed to object to the terms of the Proposed Settlement; and
- You will not be bound by any subsequent rulings entered in this case if the Proposed Settlement is finally approved.
However, if your request for exclusion is late or not complete, you will still be a part of the Class, you will be bound by the settlement and by all other orders and judgments in this lawsuit, and you will not be able to participate in any other lawsuits based on the claims in this case.
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If I don't exclude myself, can I sue Naked Juice for the same thing later?
No. If the Court approves the proposed Settlement and you do not exclude yourself from the Class, you give up (or "release") all claims that have been made in this lawsuit (this means that you are agreeing to fully, finally and forever release, relinquish, and discharge all Released Claims against the Released Parties, as set forth above in response to Question 12).

As part of this Settlement, the Court has preliminarily stopped all Class Members and/or their representatives (who do not timely exclude themselves from the Class) from filing, participating in, or continuing litigation against Naked Juice (or against any of its related parties or affiliates), and/or from receiving any benefits from any other lawsuit relating to the claims being resolved in this case.

Upon final approval of the Settlement, Plaintiffs and Naked Juice will ask the Court to enter a permanent ruling forbidding all Class Members and/or their representatives and/or personnel from engaging in the activities described above. All Class Members will be bound by this order.

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THE LAWYERS REPRESENTING THE CLASS

Do I have a lawyer in this case?
The Court has appointed attorneys at the law firm of Ahdoot & Wolfson, PC, Finkelstein Thompson, LLP, and Ridout, Lyon + Ottoson, LLP to represent you and the other Class Members in this lawsuit. The lawyers representing you and the Class Members are called "Class Counsel." You will not be charged for the services of these lawyers.

You may contact Class Counsel as follows:

Robert Ahdoot
Ahdoot & Wolfson, PC
2355 Westwood Boulevard, #337
Los Angeles, CA 90064-2109
info@ahdootwolfson.com
Tel: 888-333-8996

Christopher P. Ridout
Ridout, Lyon + Ottoson, LLP
555 East Ocean Boulevard, #500
Long Beach, CA 90802
c.ridout@rlollp.com
Tel: 562-216-7380

Rosemary M. Rivas
Finkelstein Thompson, LLP
505 Montgomery Street, # 300
San Francisco, CA 94111
RRivas@finkelsteinthompson.com
Tel: 415-398-8700

You have the right to retain your own lawyer to represent you in this case, but you are not obligated to do so. If you do hire your own lawyer, you will have to pay his or her fees and expenses. You also have the right to represent yourself before the Court without a lawyer

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How will the lawyers be paid?
Class Counsel have worked on this case since 2011 and have not been paid anything to date for their work on this case. Class Counsel will request attorneys' fees and expenses of up to $3,120,000 to be paid out of the $9,000,000 Settlement Fund. The Court has to approve any attorneys' fees and expenses awarded in this case. The attorneys' motion(s) for fees, costs, and expenses and Class Representative payment will be filed on or before October 18, 2013. The motion(s) will be posted on this website.

Class Counsel will also ask the Court for a special service payment of up to $2,500 for each of the Class Representatives (Natalie Pappas, Russell Marchewka, Chris Evans, and Gina Park) for their work on behalf of the Class. Any special service payment also must be approved by the Court and any awarded amounts also will be paid out of the $9,000,000 Settlement Fund.

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OBJECTING TO THE SETTLEMENT

You have the right to tell the Court that you do not agree with the Settlement or any or all of its terms.

How can I tell the Court if I do not like the Proposed Settlement?
If you choose to remain a Class Member, you have a right to object to any part of the proposed Settlement. The Court will consider your views.

To object, you must file a timely, written objection with the Court, through the Court's Case Management/Electronic Case Files ("CM/ECF") system or through any other method in which the Court will accept filings, if any, send the written objection by U.S. mail or e-mail to the Settlement Administrator, and send by U.S. mail or e-mail a copy to Class Counsel and Defense Counsel postmarked no later than November 11, 2013. Members of the Class who fail to file and serve timely written objections as described here and in the Stipulation of Settlement shall be deemed to have waived all objections and shall be foreclosed from making any objection (whether by appeal or otherwise) to the Settlement.

Your written objection must include:
(1) your full name;
(2) your current address;
(3) a written statement of your objection(s) and the reasons for each objection;
(4) a statement of whether you intend to appear at the Fairness Hearing;
(5) your signature; and
(6) the case name and case numbers: Pappas v. Naked Juice Co. of Glendora, Inc., Case No. LA CV 11-08276-JAK (PLAx).

If you choose to object, in order to be considered by the Court, your written objection(s) must be filed with the Court and served by U.S. Mail or e-mail on the Settlement Administrator, Class Counsel, and Defense Counsel no later than November 11, 2013. Objections that are mailed to the Court (and not filed pursuant to the Court's CM/ECF system, or any other method in which the Court will accept filings, if any), or objections that are served on the Parties but not filed with the Court, shall not be received or considered by the Court at the Fairness Hearing.

Objections must be served:

Upon Settlement Administrator at:

Gilardi & Co., LLC
P.O. Box 8090
San Rafael, CA 94912-8090
info@nakedjuiceclass.com

Upon Class Counsel at:

Robert R. Ahdoot
AHDOOT & WOLFSON, PC
2355 Westwood Boulevard, Suite 337
Los Angeles, California 90064-2109
E-mail: info@ahdootwolfson.com

Christopher P. Ridout
RIDOUT, LYON + OTTOSON, LLP
555 East Ocean Boulevard, Suite 500
Long Beach, California 90802
E-mail: c.ridout@rlollp.com

Rosemary M. Rivas
FINKELSTEIN THOMPSON, LLP
505 Montgomery Street, Suite 300
San Francisco, California 94111
E-mail: RRivas@finkelsteinthompson.com

Upon Defense Counsel at:

Christopher Chorba
Dhananjay S. Manthripragada
GIBSON, DUNN & CRUTCHER LLP
333 South Grand Avenue
Los Angeles, California 90071
E-mail: DManthripragada@gibsondunn.com

If you file objections, but the Court approves the settlement as proposed, you can still complete a Claim Form to be eligible for payment under the settlement, subject to the terms and conditions discussed in this Notice and in the settlement agreement called the "Stipulation of Settlement."

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What is the difference between objecting and asking to be excluded?
Objecting is simply a way of telling the Court that you don't like something about the Proposed Settlement. You can only object if you stay in the Class. You will also be bound by any subsequent rulings in this case and you will not be able to file or participate in any other lawsuit based upon or relating to the claims of this lawsuit. If you object to the Settlement, you still remain a Class Member and you will still be eligible to submit a Claim Form. Excluding yourself is telling the Court that you don't want to be a part of the Class. If you exclude yourself, you have no basis to object to the Settlement and appear at the Fairness Hearing because it no longer affects you.

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THE COURT’S FAIRNESS HEARING

The Court will hold a final hearing (called a Fairness Hearing) to decide whether to finally approve the Settlement. You may attend and ask to speak, but you don’t have to.

When and where will the Court decide whether to approve the Proposed Settlement?
On December 2, 2013 at 8:30 a.m. the Court will hold a Fairness Hearing at the United States District Court for the Central District of California, before the Honorable John A. Kronstadt, District Judge, in Courtroom 750, Edward R. Roybal Federal Building and United States Courthouse, 7th Floor, 255 East Temple Street, Los Angeles, California 90012-3332.

The hearing may be moved to a different date or time without additional notice, so it is a good idea to check this website for updates. At this hearing the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also decide whether to award attorneys' fees and costs, as well as a special payment to the Class Representatives. If there are objections, the Court will consider them at that time. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.

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Do I have to come to the hearing?
No. Class Counsel will answer questions the Court may have at the Fairness Hearing. But you are welcome to come at your own expense. Please note that the Court has the right to change the date and/or time of the Fairness Hearing without further notice, so it is a good idea to check this settlement website for updates. If you are planning to attend the hearing, you should confirm the date and time on this website before going to the Court.

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May I speak at the fairness hearing?
Yes, you may ask the Court for permission to speak at the hearing. To do so, you must file a document called a "Notice of Intention to Appear" through the Court's Case Management/Electronic Case Files ("CM/ECF") system or through any other method in which the Court will accept filings, if any. If you or your attorney wants to appear and speak at the Fairness Hearing, you (or your attorney) must, in addition to
filing a Notice of Intention to Appear at the Fairness Hearing with the Court, mail or e-mail copies to the Settlement Administrator, Class Counsel, and Defense Counsel, whose addresses are listed above in Question 22. Your notice of intention to appear at the Fairness Hearing must be filed and received by the Court, and mailed and/or e-mailed to the Settlement Administrator, Defense Counsel, and Class Counsel no later than November 11, 2013.

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GETTING MORE INFORMATION

How can I get more information?
This notice summarizes the Proposed Settlement. More details are in the settlement agreement which is called the "Stipulation of Settlement." For a complete, definitive statement of the Settlement terms, refer to the Stipulation of Settlement here. You also may write with questions to the Settlement Administrator at Naked Juice Settlement, c/o Gilardi & Co., LLC, P.O. Box 8090, San Rafael, CA 94912-8090, call the toll-free number, 1-(888) 283-2947, or e-mail questions to info@nakedjuiceclass.com.

PLEASE DO NOT CALL THE COURT

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