your firm was counsel so in terms of whether they were say or class it seems that there was a pretty good education there was well you ok but let me let me just start with you on the judge tucker of the sun for just rick in her order in the fernandez case my that's totally around i mean it wasn't she said it wasn't your view or your honor in november on november sixteenth two thousand and eleven as per the mediation in the kuchi case a binding stipulation for settlement was entered ok but still with everybody if nobody can get more than their money back and everybody gets their money back there's then everybody's getting my fair go so no service no way there could be any other so that we can a different money well it's not it's not if it's suppose that the case for medicaid and decide that there's a tension the seven hundred million dollars is still have to find the people and you still have to give them the money right well so that's why the seven hundred billion dollars seems meaningless to me well you is after six months and thirteen mediation sessions with a former magistrate judge acting as a neutral mediator the parties reach a fair adequate and reasonable settlement provided three promise to provide full refunds to dissatisfied customers for purchases made before the rollout of the new labels claims process the claims process has concluded in terms of the number of claims that will come in under the settlement the claimants had up still forty five days after judgment in the district court so at the time of the fairness hearing just record judge was notified there were approximately forty two hundred claims at this point now that the claim period is closers approximately fifty eight hundred claims one hundred dollars a claim would be five hundred eighty thousand dollars of the fund which would leave even after attorney's fees and notice and everything else still approximately three million dollars not going to false advertising claims the appropriate organization is one that's dedicated to protecting consumers and addressing injuries from false advertising which is precisely what our consumer union does with amongst other things like the consumer report that issue yes i mean the labor modifications are ongoing right now because there has not then i final judgment in this case meaning the conclusion of a public proceedings it's not required that the labels actually have been changed as of yet however one has been willing born continues to have eight hundred products in the united states but yes in the changes will be made to the products that are included in the settlement and then as those parts are identified it a level ninety two there is a list of twenty three enumerated products and then the twenty four categories the catch all of the generics and other branded versions of those twenty three products one thing that just just sort of jumped out of me about this and seeing it is the expansion of the of about the fact that the item that happened sure what so let me make a couple of points on that the first is the fact that the complaint was amended that additional claims and additional claimants and class members added is nothing new this court in officers for justice affirmed  where the same sort of thing happened that was an employment discrimination case but the case was amended additional are class members were added additional claims for relief were added so it's not though i think that the suit here was always a nationwide class action as well so the nationwide aspect in change but i think the point that the number of products changed this can't came as a surprise to nobody in the m r u itself which council referred to the the class and the coverage which has the effect of precluding any other class suit from from having any recovery because they're within waivers and this was certainly in the interest of the i'm it certainly it was not irrelevant i would say to the settlement but let me talk a little bit about that eight hundred products as i feel like it that the number's been thrown around a little but if you look at me our eleven ninety two which is different products that that twenty fourth category the sort of the catch all category for the most part is generic versions of the categories one hundred twenty three and other branded versions which is to say the version that boron sells to whole foods and whole food and some versions of the other twenty three products there are some of them there are very very few sales and so without including those products in this sort of settlement that's more of a global settlement i'm not sure that the money at stake would have led to other class action suits or other lawsuits about those individual products and so i think including those products in the settlement ultimately allows those people to purchase those products that maybe otherwise when a filed a suit to actually get some recovery  then i am come back to this fifty eight hundred claims it seems like that's an awful small amount of claims leaving a one off a lot of money for distribution does that say something about a possible inadequacy of  incredibly small number i think that that is a number that fits within the range of basically sort of what's expected it's merely one when there is a settlement like this i think that this court has noted before that just a couple percent of excludes from the settlement personally the personal injury claims so if there was a personal injury somebody could still bring could still bring that claim and counsel talked about you know a limit on these products a cap on the amount of settlement for the most part these products sell for between seven and twenty dollars for somebody who has no receipt as long as they swear or affirm that they purchase the product they could still get ten dollars which in some instances could be more than they actually paid for the product but at a cap of fifty dollars per household that these are these are not expensive products and if somebody has purchased fifty dollars worth of these products or especially hundred dollars worth of the products and they purchase these products over and over again there's probably a reasonable argument that they think that the product has been effective and the so not only have they not been harmed that they've potentially benefit from the product turning judgments it to your question about notice you know the notice in this case i think was targeted in this regard boron and the class and the class council looked at who are the people that purchased homeopathic drugs and based on that information based on marketing studies and information they were shared between the parties they came up with a notice plan that was aimed at those people so who are does those people who are consumers of homeopathic dr specifically us adults who trust homeopathic remedies they are more than twenty five percent more likely than the public to use the internet almost on a daily basis they're seventeen percent more likely to read magazines by contrast the five percent less likely than the general public to read a newspaper seven percent less likely to watch t v and twelve percent less likely i shall listen to the radio so  s to local and national newspapers as well as to websites t v and radio and then one of the focuses of the notice was i threw on my i noticed advertisements that pop up on your computer on the side of pages if you go to c n n dot com on the side of the page other all sorts of advertisements there would be an advertisement for the settlement where the banner at the top of the bottom of the page so the attempt was to aim the notice at the people that actually are likely to purchase these products are likely to be the class members and so that's why i think that the notice here was an attempt to really to find those people in target those people that actually purchased the products just we should pay attention to those and those