Egg Industry - October 2014 - 13
EggIndustry * 15 Ad speNdiNg cAN'T sTOp cereAl sAles decliNe 2013 media spending * general Mills cereal Kashi cereal Kellogg's cereal post cereal Total Change from 2012 $297 -7% $22 30% $241 -3% $75 -5% $635 -5% * Millions Cereal sales in the U.S. continue to decline in spite of over $600 million of advertising spent each year by cereal makers. The interest in protein is fueled by research that has shown that eating protein-rich foods can provide a feeling of satiety and reduce total calorie consumption compared to eating high-carbohydrate foods. Dr. Mitch Kanter, executive director, Egg Nutrition Center, said, "Carbohydrates are taking a beating in the scientific literature." He said that the current trend for more protein in diets has staying power; it is different from the Atkins diet Joanne Ivy, presifads of the past, because it is based on science dent, American and has research to back Egg Board, said, it up, and much of the "We are in the Atkins diet hoopla was beginning stage anecdotal. In short, the of one of the most current move towards positive long-term eating more protein-rich growth eras for foods as a way to control eggs that we have weight and prevent obeseen in decades." sity and diabetes is more about balanced healthy eating and doesn't have the extreme exclusion of carbohydrates from the diet like Atkins. Ivy said, "Orange is not the new black, protein is the new black. Protein has driven egg sales in the last three years and we see this continuing for the next five to ten years. We see www.WATTAgNet.com * October 2014 Legal Notice If you purchased Shell Eggs or Egg Products produced in the United States directly from any producer from January 1, 2000 through July 30, 2014, you could be a Class Member in a proposed class action settlement. This legal notice is to inform you of proposed Settlements between Plaintiffs and Defendants Midwest Poultry Services, LP ("Midwest"), National Food Corporation ("NFC"), and United Egg Producers/United States Egg Marketers ("UEP/USEM"), reached in the class action lawsuit, In re Processed Egg Products Antitrust Litigation, Case No. 08-md-02002, pending in the United States District Court for the Eastern District of Pennsylvania, and also to inform you of a second amendment to the Sparboe Settlement. Who is included in the Settlements & Second Sparboe Amendment? The Settlement "Classes" include all persons and entities in the United States that purchased Shell Eggs and Egg Products, in the United States directly from any producer from January 1, 2000 through July 30, 2014. Due to the recent Settlements, the prior Sparboe Settlement is amended to add to the Sparboe Settlement Class direct purchases of Shell Eggs and Egg Products from March 1, 2014 through July 30, 2014, expanding the Class Period to make it comparable to the more recent Settlement Classes. What is this case about? Plaintiffs claim that Defendants conspired to limit the supply of Shell Eggs and Egg Products, which raised the price of Shell Eggs and Egg Products and, therefore, violated the Sherman Antitrust Act, a federal statute that prohibits agreements that unreasonably restrain competition. The settling Defendants deny all of Plaintiffs' allegations. What do the Settlements provide? Under the settlements, Plaintiffs will release all claims against Midwest, NFC and UEP/USEM. In exchange, Midwest will pay $2.5 million; NFC will pay $1 million; and UEP/USEM will pay $500,000, into a settlement fund for the benefit of the Classes. Plaintiffs also will receive documents and information that Plaintiffs' attorneys believe will aid in their analysis and prosecution of this Action. What does the Sparboe Settlement provide? There is no monetary relief under the Sparboe Settlement. Sparboe agreed to provide substantial and immediate cooperation to Plaintiffs, which the Court already found conferred substantial benefits upon the Class. The second amendment merely conforms the Sparboe Class to the recent Settlement Classes. What do I do now? If you are a Class Member your legal rights are affected, and you now have a choice to make. Participate in the Settlements: No action is required to remain part of the recent Settlements or the amended Sparboe Settlement. If the Court grants final approval to the Settlements and the Second Sparboe Amendment, they will be binding upon you and all other Class Members. By remaining part of the Settlements, you will give up any potential claims that you may have against Midwest, NFC, UEP/ USEM and Sparboe relating to the claims alleged in this lawsuit. You may be eligible to receive a settlement payment at a future date. Ask to be excluded: If you wish to exclude yourself from the Sparboe Settlement as amended (if you had no purchases before March 1, 2014) and/or the recent Settlements and wish to retain your rights to pursue your own lawsuit relating to the claims alleged in this lawsuit, you must formally exclude yourself from the Classes by sending a signed letter to the Claims Administrator postmarked on or before March 6, 2015. Object: You may notify the Court that you object to the recent Settlements and/ or Second Sparboe Amendment by mailing a statement of your objection(s) to the Court, Plaintiffs' Counsel, and Defense Counsel postmarked by March 6, 2015. Detailed instructions on how to participate, opt out or object are on the settlement website. Who represents you? The Court appointed Steven A. Asher of Weinstein Kitchenoff & Asher LLC; Michael D. Hausfeld of Hausfeld LLP; Stanley D. Bernstein of Bernstein Liebhard LLP; and Stephen D. Susman of Susman Godfrey LLP as Interim Co- Lead Class Counsel. You do not have to pay them or anyone else to participate. You may hire your own lawyer at your own expense. When will the Court decide whether to approve the Settlements and/or the Second Sparboe Amendment? At 9:30 a.m. on May 6, 2015, at the United States District Court, James A. Byrne Federal Courthouse, 601 Market Street, Philadelphia, PA 19106, the Court will hold a hearing to determine the fairness and adequacy of the recent Settlements and the Second Sparboe Amendment, and consider any motion for an award of attorneys' fees and incentive awards and reimbursement of litigation costs. You may appear at the hearing, but are not required to do so. Please note that the Court may change the date and/or time of the Fairness Hearing. Settlement Class members are advised to check www.eggproductssettlement.com for any updates. How can I learn more? This notice is only a summary. www.eggproductssettlement.com. For more information, www.eggproductssettlement.com visit
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