SAN FRANCISCO — The following statement is being issued by Girard Gibbs LLP
regarding the In Re: Tyson Foods, Inc., Chicken Raised Without Antibiotics
Consumer Litigation.
If you purchased Tyson-branded chicken products labeled “Raised Without
Antibiotics” or “Raised Without Antibiotics That Impact Antibiotic Resistance in
Humans” between June 19, 2007 and April 30, 2009, you may be part of a class
action settlement. As part of the settlement, you may be able to file a claim
for cash or a coupon. For more complete information, please read the full notice
by writing to the address, Tyson RWA Settlement, c/o The Garden City Group,
Inc., P.O. Box 9588, Dublin, OH 43017-4888 or by visiting the website
www.ChickenSettlement.com.
In 2007 and 2008, Tyson sold chicken products with a label stating either
“Raised Without Antibiotics” or “Raised Without Antibiotics That Impact
Antibiotic Resistance in Humans.” Plaintiffs say that Tyson’s label was
misleading. Tyson denies Plaintiffs’ allegations and contends that its conduct
was lawful.
Under the terms of the proposed settlement, each class member who submits a
valid claim may be entitled to cash or a coupon. For more details, visit the
website or write to the address below.
The Court has appointed attorneys to represent the Settlement Class. Tyson will
pay those attorneys’ fees if the settlement is approved. You may hire your own
attorney, if you wish, at your own expense. If you wish to remain a member of
the Settlement Class, you do not have to do anything.
To receive money or a coupon, you must file a claim. If the Court approves the
proposed settlement, you will be bound by all of the Court’s orders. This means
you will not be able to sue Tyson over any of the matters covered by the
settlement.
If you wish to submit a claim for cash or coupon, visit
www.ChickenSettlement.com before July 6, 2010, and follow the instructions. You
may also mail a completed Claim Form postmarked by July 6, 2010 to the
Settlement Administrator.
If you do not wish to be a member of the Settlement Class, you must submit a
letter to the Settlement Administrator which must be received by April 19, 2010.
If you request to be excluded from the Settlement Class, you cannot submit a
Claim Form. You can tell the Court if you do not like this proposed settlement
or some part of it if you do not exclude yourself. To object or comment, you
must file the appropriate papers with (1) the Clerk of Court, United States
District Court for the District of Maryland (Northern Division), 101 W. Lombard
Street, Baltimore, MD 21201, and (2) send a copy of those papers to settlement
class counsel, A.J. De Bartolomeo, Girard Gibbs, 601 California Street, Suite
1400, San Francisco, CA 94108, and (3) send a copy of those papers to counsel
for Tyson, Michael W. Davis, Sidley Austin LLP, One South Dearborn, Chicago, IL
60603. The papers must be filed with the Court and received by counsel no later
than April 19, 2010.
The Court will hold a Fairness Hearing on May 7, 2010 at 10:00 a.m. to consider
whether the proposed settlement is fair, reasonable, and adequate and to
consider the motion for Plaintiffs’ attorneys’ fees and expenses and incentive
awards to the Plaintiffs who represent the Settlement Class or were deposed in
this litigation.
For a copy of the full Notice of Proposed Class Action Settlement and a Claim
Form, write to:
Tyson RWA Settlement
c/o The Garden City Group, Inc.
P.O. Box 9588
Dublin, OH 43017-4888
You may also call 1-800-949-1890, or visit:
www.ChickenSettlement.com.
Source:
Girard Gibbs LLP
