EXHIBIT ϭ

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 1 of 53
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CLARKSON 

LAW 

FIRM, P.C.

9255 Sunset Blvd., Suite 804

Los Angeles, CA 90069

CLARKSON LAW FIRM, P.C.

Ryan J. Clarkson (SBN 257074)

rclarkson@clarksonlawfirm.com

Shireen M. Clarkson (SBN 237882)

sclarkson@clarksonlawfirm.com

Bahar Sodaify (SBN 289730)

bsodaify@clarksonlawfirm.com

9255 Sunset Blvd., Ste. 804

Los Angeles, CA 90069

Tel: (213) 788-4050

Fax: (213) 788-4070

Attorneys for Plaintiff Thomas Iglesias 

HOGAN LOVELLS US LLP

Michael J. Shepard (Bar No. 91281)

3 Embarcadero Center, Suite 15

San Francisco, CA 94111

Telephone: (415) 374-2310

Facsimile: (415) 374- 2499

michael.shepard@hoganlovells.com

Attorneys for Defendant

Ferrara Candy Co.

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

This Class Action Settlement Agreement (the “Settlement”), dated May 10, 2018, is made 

and entered into by and between the Class Representative Thomas Iglesias (“Class 

Representative”), on behalf of himself and the Settlement Class, and Defendant Ferrara Candy 

Company (“Defendant”) to settle and compromise this Action, as defined below, and settle, 

THOMAS IGLESIAS individually and on 

behalf of all others similarly situated,

Plaintiff,

vs.

FERRARA CANDY CO., and DOES 1 

through 10, inclusive,

Defendants.

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Case No. 3:17-cv-00849-VC

[CLASS ACTION]

CLASS ACTION SETTLEMENT 

AGREEMENT

Hon. Judge Vince Chhabria

Courtroom 4

Complaint Filed: February 21, 2017

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 2 of 53
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Page 1 of 21 

CLASS ACTION SETTLEMENT AGREEMENT 

CLARKSON 

LAW 

FIRM, P.C. 

9255 Sunset Blvd., Suite 804 

Los Angeles, CA 90069

resolve, and discharge the Released Claims, as defined below, according to the terms and 

conditions herein. 

PREAMBLE

1. WHEREAS, on February 21, 2017, Class Representative filed the above-captioned 

class action lawsuit against Defendant entitled Iglesias v. Ferrara Candy Company, United States 

District Court for the Northern District of California, Case No. 3:17-cv-00849-VC. 

2. WHEREAS, Class Representative alleges that Defendant has engaged in acts that 

violate state consumer protections laws (including California’s False Advertising Laws (“FAL”), 

Bus. & Prof. Code § 17500 et seq., California’s Unfair Competition Laws (“UCL”), Bus. & Prof. 

Code § 17200 et seq., and California’s Consumers Legal Remedies Act (“CLRA”), Civil Code § 

1750 et seq.), as well as Federal and California slack-fill laws, 21 C.F.R. § 100.100 and Cal. Bus. & 

Prof. Code § 12606.2, respectively, and that as a direct result of such violations, Class 

Representative and the putative class have suffered monetary damages and also seek equitable 

remedies. 

3. WHEREAS, the Settling Parties participated in two full day mediations with ADR 

Clerk-appointed Mediator Martin Quinn on August 25, 2017, and Honorable William Cahill (Ret.) 

on February 7, 2018, respectively, in San Francisco, California. 

4. WHEREAS, based upon the discovery taken to date, investigation, and evaluation of 

the facts and law relating to the matters alleged in the pleadings, plus the risks and uncertainties of 

continued litigation and all factors bearing on the merits of settlement, Class Representative has 

agreed to settle the claims asserted in the Action pursuant to provisions of this Settlement. 

NOW, THEREFORE, subject to the Final Approval of the Court as required herein and by 

applicable law and rules, the Settling Parties hereby agree, in consideration of the mutual promises 

and covenants contained herein, that any Released Claims against any Released Parties shall be 

settled, compromised, and forever released upon the following terms and conditions. 

///

///

///

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 3 of 53
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Page 2 of 21 

CLASS ACTION SETTLEMENT AGREEMENT 

CLARKSON 

LAW 

FIRM, P.C. 

9255 Sunset Blvd., Suite 804 

Los Angeles, CA 90069

TERMS AND CONDITIONS OF THE SETTLEMENT 

1. DEFINITIONS 

 As used in this Class Action Settlement Agreement and the related documents attached 

hereto as exhibits, the terms set forth below shall have the meanings set forth below. 

1.1. “Action” means the civil action entitled Iglesias v. Ferrara Candy Company, Case 

No. 3:17-cv-00849-VC, currently pending in United States District Court for the Northern District 

of California. 

1.2. “Administrative Costs” means all costs and expenses incurred by the Claims 

Administrator in administering the Class Action Settlement Agreement and providing Notice in 

accordance with the Preliminary Approval Order.

1.3. “Claim” or “Settlement Claim” means a claim for payment submitted by a 

Settlement Class Member to the Claims Administrator as provided in this Class Action Settlement 

Agreement. 

1.4. “Claim Form” or “Settlement Claim Form” means a claim form, substantially in the 

form of Exhibit C attached hereto, to be submitted by Claimants seeking payment pursuant to this 

Class Action Settlement Agreement to the Claims Administrator. 

1.5. “Claim Fund” means the sum of money that Defendant shall make available for 

payment of Valid Claims, which shall equal the amount of money remaining from the Total 

Monetary Settlement Amount after deducting Administrative Costs, any attorneys’ fees, costs, and 

expenses awarded by the Court, and any incentive award ordered by the Court. 

1.6. “Claimant” means a Settlement Class Member who submits a claim for payment.

1.7. “Claims Administrator” refers to Digital Settlement Group LLC.

1.8. “Class Action Settlement Agreement,” “Settlement Agreement,” “Settlement,” or 

“Agreement” means this Class Action Settlement Agreement, including the attached exhibits.

1.9. “Class Counsel” means Ryan J. Clarkson, Shireen M. Clarkson, Bahar Sodaify, and 

the law firm of Clarkson Law Firm, P.C. 

1.10. “Class Member” means any and all persons who are within the Settlement Class.

///

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 4 of 53
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Page 3 of 21 

CLASS ACTION SETTLEMENT AGREEMENT 

CLARKSON 

LAW 

FIRM, P.C. 

9255 Sunset Blvd., Suite 804 

Los Angeles, CA 90069

1.11. “Class Period” means the time period between February 21, 2013 through the date 

the Preliminary Approval Order is entered. 

1.12. “Class Representative” means Thomas Iglesias.

1.13. “Court” means the United States District Court for the Northern District of 

California. 

1.14. “Covered Products” or “Settlement Class Products” means all candy products 

manufactured by Defendant and packaged for sale or resale to consumers in an opaque cardboard 

box (including bag-in-a-box products), including Jujyfruits®, Jujubes®, Now and Later®, 

Lemonhead®, Applehead®, Cherryhead®, Grapehead®, RedHots®, Trolli®, Chuckles®, Black 

Forest®, Jawbuster®, Jawbreaker®, Brach’s®, Boston Baked Beans®, Super Bubble®, Rainblo®, 

Atomic Fireball®, and all flavors and varieties of those candies. 

1.15. “Defendant” means Ferrara Candy Company, as well as its past, present, and future 

officers, directors, shareholders, employees, predecessors, affiliates, parents, subsidiaries, partners, 

distributors, principals, insurers, administrators, agents, servants, successors, trustees, vendors, 

subcontractors, coconspirators, buyers, independent contractors, attorneys, representatives, heirs, 

executors, experts, consultants, and assigns of all of the foregoing persons and entities. 

1.16. “Defendant’s Counsel” means Defendant’s counsel of record in the Action, Michael 

J. Shepard, J. Christopher Mitchell and the law firm of Hogan Lovells US LLP. 

1.17. “Effective Date” means the first date by which all of the following events shall have 

occurred: the Court has entered the Final Approval Order and Judgment on the docket in the 

Action, and (a) the time to appeal from such order has expired and no appeal has been timely filed, 

(b) if such an appeal has been filed, it has finally been resolved and has resulted in an affirmation of 

the Final Approval Order and Judgment, or (c) the Court, following the resolution of the appeal, 

enters a further order or orders approving settlement on the terms set forth herein, and either no 

further appeal is taken from such order(s) or any such appeal results in affirmation of such order(s) 

on appeal. Without limiting the generality of the foregoing, the Effective Date shall not occur 

prior to final resolution of the Fee and Cost Application and any appeals regarding the Fee and Cost 

Application. 

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 5 of 53
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Page 4 of 21 

CLASS ACTION SETTLEMENT AGREEMENT 

CLARKSON 

LAW 

FIRM, P.C. 

9255 Sunset Blvd., Suite 804 

Los Angeles, CA 90069

1.18. “Fee and Cost Application” means the written motion or application by which the

Class Representative and/or Class Counsel request that the Court award attorneys’ fees, costs, 

expenses, and incentive awards. Neither the pendency of the Fee and Cost Application, nor any 

appeal pertaining solely to a decision on the Fee and Cost Application, shall in any way delay or 

preclude the Final Approval Order and Judgment from becoming final. 

1.19. “Final Approval Hearing” means the hearing scheduled to take place at least ninety 

(90) days after the date of entry of the Preliminary Approval Order at which the Court shall: (a) 

determine whether to grant final approval to this Class Action Settlement Agreement and to certify 

the Settlement Class; (b) consider any timely objections to this Settlement and all responses thereto; 

and (c) rule on the Fee and Cost Application. 

1.20. “Final Approval Order” means the order in which the Court grants final approval of 

this Class Action Settlement Agreement, certifies the Settlement Class, and authorizes the entry of 

a final judgment and dismissal of the Action with prejudice. 

1.21. “Judgment” means the judgment to be entered by the Court pursuant to the 

Settlement.

1.22. “Notice” shall mean a document substantially in the form of Exhibit D hereto, and 

“Summary Notice,” meaning a document substantially in the form of Exhibit E hereto, to be 

disseminated in accordance with the Preliminary Approval Order, informing persons who fall 

within the Settlement Class definition of, among other things, the pendency of the Action, the 

material terms of the Proposed Settlement, and their options with respect thereto. 

1.23. “Notice Date” means the date thirty (30) days after the Court provides Preliminary 

Approval to the Settlement Agreement, by which the Claims Administrator shall commence 

dissemination of Notice to the Settlement Class. 

1.24. “Notice Plan” means the method of providing the Settlement Class with notice of 

the Class Action Settlement Agreement, as approved by the Court. 

1.25. “Notice Response Deadline” means the deadline for all members of the Settlement 

Class to respond to the Notice, which shall be at least sixty (60) days after the Notice Date. 

///

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 6 of 53
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Page 5 of 21 

CLASS ACTION SETTLEMENT AGREEMENT 

CLARKSON 

LAW 

FIRM, P.C. 

9255 Sunset Blvd., Suite 804 

Los Angeles, CA 90069

1.26. “Opt-Out Date” means the date that is the end of the period to request exclusion 

from the Settlement Class established by the Court and set forth in the Notice. 

1.27. “Participating Claimant” means a Claimant who submits a Qualifying Settlement 

Claim Form in response to the Notice. 

1.28. “Parties” means Class Representative Thomas Iglesias and Defendant Ferrara Candy 

Company. “Party” shall refer to each of them individually. 

1.29. “Person” means any natural person, individual, and such individual’s spouse, heirs, 

predecessors, successors, representatives, and assignees. 

1.30. “Plaintiff” means Thomas Iglesias.

1.31. “Preliminary Approval Order” means the order in which the Court grants its 

preliminary approval to this Class Action Settlement Agreement, preliminarily certifies the 

Settlement Class, authorizes dissemination of Notice to the Settlement Class, and appoints the 

Claims Administrator. 

1.32. “Publication Notice” means the long-form and short-form notices, substantially in 

the form of Exhibits D and E attached hereto. The long-form Publication Notice and the short-form 

Publication Notice will be published as set forth in the Preliminary Approval Order. 

1.33. “Qualifying Settlement Claim Form” shall mean a Claim Form that is fully 

completed, properly executed, and timely returned to the Claims Administrator on or before the 

Notice Response Deadline by a Settlement Class Member. A “Qualifying Settlement Claim Form” 

must be either returned with a postmark via U.S. mail or submitted online through the Class 

Settlement Website to be created and maintained by the Claims Administrator, at the Participating 

Claimant’s discretion. The Claims Administrator reserves the right to seek additional information 

beyond the Qualifying Settlement Claim Form, as necessary. 

1.34. “Receipt” shall mean documentary evidence establishing the purchase of one or 

more Covered Products, the date of purchase, and the purchase price. 

1.35. “Released Claims” means all of the claims alleged in the Second Amended Class 

Action Complaint filed in the Action and any and all claims or causes of action based on the 

identical factual predicate, whether in law or equity, whether seeking damages or any other relief 

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 7 of 53
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Page 6 of 21 

CLASS ACTION SETTLEMENT AGREEMENT 

CLARKSON 

LAW 

FIRM, P.C. 

9255 Sunset Blvd., Suite 804 

Los Angeles, CA 90069

(including attorneys’ fees), of any kind or character, known or unknown, that are now recognized 

by law or that may be created or recognized in the future by statute, regulation, judicial decision, or 

in any other manner, based upon any federal or state statutory or common law, including, without 

limitation, claims sounding in tort, contract, and the consumer protection laws of the United States 

or of any other state or jurisdiction within the United States, as well as under the unfair or deceptive 

trade practices, trade regulation, consumer fraud, misrepresentation, and false advertising law of the 

United States or any state or other jurisdiction within the United States. Excluded from the 

Released Claims are any and all claims for personal injury, wrongful death, and/or emotional 

distress arising from personal injury. With respect to the claims released pursuant to this 

paragraph, each Settlement Class Member shall be deemed to have waived and relinquished, to the 

fullest extent permitted by law, the provisions, rights and benefits of California Civil Code section 

1542 (and equivalent, comparable, or analogous provisions of the laws of the United States of 

America or any state or territory thereof, or of the common law or civil law). Section 1542 

provides that: 

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. 

Each and every term of this paragraph shall inure to the benefit of each and all of the Released 

Parties and Released Persons, and each and all of their respective successors and personal 

representatives, which persons and entities are intended to be beneficiaries of this paragraph. 

1.36. “Released Parties” and “Released Persons” means Defendant, its parent companies, 

subsidiary companies, affiliated companies, past, present, and future officers (as of the Effective 

Date), directors, shareholders, employees, predecessors, affiliates, parents, subsidiaries, joint 

partners, distributors, principals, insurers, administrators, agents, servants, successors, trustees, 

vendors, subcontractors, coconspirators, buyers, independent contractors, attorneys, representatives, 

heirs, executors, experts, consultants, and assigns of all of the foregoing persons and entities, and 

all suppliers, wholesalers, distributors, and retailers of any Covered Products. 

1.37. “Releasing Parties” means all Settlement Class Members. 

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Page 7 of 21 

CLASS ACTION SETTLEMENT AGREEMENT 

CLARKSON 

LAW 

FIRM, P.C. 

9255 Sunset Blvd., Suite 804 

Los Angeles, CA 90069

1.38. “Request for Exclusion” means a valid request for exclusion from a member of the 

Settlement Class. To be valid, a request for exclusion must: (a) be submitted by the member of the 

Settlement Class to the Claims Administrator and postmarked by a date no later than the Notice 

Response Deadline; (b) contain the submitter’s name, address, and telephone number; and (c) 

otherwise comply with the instructions set forth in the Notice. 

1.39. “Settlement” means the settlement set forth in this Class Action Settlement 

Agreement. 

1.40. “Settlement Class” means, collectively, all persons in the United States of America 

who purchased one or more of Defendant’s Covered Products at any time during the Class Period. 

Excluded from the Settlement Class are any officers, directors, or employees of Defendant, and the 

immediate family members of any such person. Also excluded is any judge who may preside over 

this case. 

1.41. “Settling Parties” means, collectively, Defendant, the Class Representative, and all 

Settlement Class Members. 

1.42. “Settlement Class Member” means any Class Member who does not submit a timely 

and valid Request for Exclusion. 

1.43. “Total Monetary Settlement Amount” means Two Million Five Hundred Thousand 

dollars ($2,500,000.00). 

1.44. “Valid Claim” means a claim for reimbursement submitted by a Settlement Class 

Member that satisfies all the criteria for submission of a Qualifying Settlement Claim Form and any 

additional information reasonably requested by the Settlement Administrator, if any. 

1.45. The singular of any defined term includes the plural, and the plural of any defined 

term includes the singular. 

2. DENIAL OF WRONGDOING AND LIABILITY 

2.1. Defendant has denied and continues to deny the material factual allegations and 

legal claims asserted by Plaintiff, including any and all charges of wrongdoing or liability arising 

out of any of the conduct, statements, acts or omissions alleged, or that could have been alleged, in 

the Action. Defendant also denies that Plaintiff or any Class Members were harmed or damaged in 

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 9 of 53
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Page 8 of 21 

CLASS ACTION SETTLEMENT AGREEMENT 

CLARKSON 

LAW 

FIRM, P.C. 

9255 Sunset Blvd., Suite 804 

Los Angeles, CA 90069

any way by the conduct alleged in the Action. In addition, Defendant maintains that it has 

meritorious defenses to all claims alleged in the Action. Nonetheless, as set forth below and in 

consideration of the expense, burden and uncertainties involved in continued litigation, Defendant 

has agreed to settle the Action on the terms set forth herein. 

///

3. THE BENEFITS OF SETTLEMENT 

3.1. The Parties and their counsel recognize and acknowledge the expense and length of 

continued proceedings that would be necessary to prosecute the Action through trial and appeals. 

The Parties and their counsel also have taken into account the uncertain outcome and the risk of 

any litigation, especially in complex actions such as this Action, as well as the difficulties and 

delays inherent in such litigation. The Class Representative and Class Counsel are mindful of the 

inherent issues of proof and possible defenses to the claims asserted in the Action. The Class 

Representative and Class Counsel believe that the proposed settlement set forth in this Class Action 

Settlement Agreement confers substantial benefits upon the Settlement Class. Based on their 

evaluation of all of these factors, the Class Representative and Class Counsel have determined that 

the Class Action Settlement Agreement is in the best interests of the Class Representative and the 

Settlement Class. 

 4. SETTLEMENT CONSIDERATION 

4.1 Injunctive Relief 

4.1.1. Within ninety (90) days after the Effective Date, Defendant will provide the 

Settlement Class injunctive relief by way of modifying its fill level quality control procedures and 

target fill levels to at least 75% for theater box Covered Products, excluding bag-in-a-box, and 50% 

for all other Covered Products, including bag-in-a-box. Fill levels will be measured from the top of 

the candy, with carton sides held rigid. Excluded from the injunctive relief provision are Ferrara 

candy products packaged in multiple individual serving pouches and sold to consumers in opaque 

cardboard boxes that list the total number of pouches and the net weight of each pouch. Nothing in 

this provision shall prevent Defendant from making changes to its quality control procedures not 

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 10 of 53
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Page 9 of 21 

CLASS ACTION SETTLEMENT AGREEMENT 

CLARKSON 

LAW 

FIRM, P.C. 

9255 Sunset Blvd., Suite 804 

Los Angeles, CA 90069

inconsistent with the foregoing, or as necessary to comply with governmental or regulatory 

requirements. 

4.1.2. To the extent that any state and/or federal statute, regulation, policies, and/or code 

may at any time impose other, further, different and/or conflicting obligations or duties on 

Defendant at any time with respect to the Covered Products, this Class Action Settlement 

Agreement and any Judgment which may be entered pursuant thereto, as well as the Court’s 

continuing jurisdiction with respect to implementation and enforcement of the terms of this Class 

Action Settlement Agreement, shall cease as to the Settlement Class’s and Defendant’s conduct 

covered by that statute, regulation and/or code as of the effective date of such statute, regulation, 

and/or code. 

4.2 Monetary Relief 

4.2.1. Defendant shall make available the Total Monetary Settlement Amount for payment 

of Valid Claims, Administrative Costs, any attorneys’ fees, costs, and expenses awarded by the 

Court, and any incentive award approved by the Court, as set forth below. Defendant’s total 

financial commitment and obligation under this Settlement Agreement shall not exceed the Total 

Monetary Settlement Amount ($2,500,000.00). 

4.2.1.1. Valid Claims shall be paid from the Claim Fund as soon as practicable but in 

no event later than ninety (90) days after the Effective Date. 

4.2.1.2. Defendant shall not be required to make any part of the Claim Fund available 

to the Claims Administrator for payment of Valid Claims until forty-five (45) days after the 

Effective Date. 

4.2.2. The amount of the payment for any claim shall be determined as follows: 

4.2.2.1. For any Participating Claimant who provides a Receipt, the Participating 

Claimant shall be entitled to a refund of fifty cents ($0.50) per box of Covered Product purchased, 

subject to Paragraph 4.2.6. 

4.2.2.2. For any Participating Claimant who does not provide a Receipt, but who 

submits a claim form, either online or via mail, attesting, swearing, or affirming under penalty of 

perjury that he or she purchased a Covered Product during the Class Period, the actual amount paid 

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 11 of 53
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Page 10 of 21 

CLASS ACTION SETTLEMENT AGREEMENT 

CLARKSON 

LAW 

FIRM, P.C. 

9255 Sunset Blvd., Suite 804 

Los Angeles, CA 90069

to each Participating Claimant will be fifty cents ($0.50) per box of Covered Product, with a cap of 

fifteen (15) boxes per Participating Claimant for a maximum total payment of up to seven dollars 

and fifty cents ($7.50), subject to Paragraph 4.2.6. 

4.2.3. Participating Claimants cannot combine claims with Receipts with claims without 

Receipts.

4.2.4. Payment will be made directly to the Participating Claimant within ninety (90) days 

after the Effective Date. 

4.2.5. Adequate and customary procedures and standards will be used by the Claims 

Administrator to prevent the payment of fraudulent claims and to pay only legitimate claims 

including requesting additional information from Claimants (beyond the online claim form), if 

necessary. 

4.2.6. If the amount in the Claim Fund is either more or less than the amount of the total 

cash claims submitted by Participating Claimants, the claims of each Participating Claimant will be 

increased or decreased, respectively, pro rata to ensure the Claim Fund is exhausted. 

4.2.7. There will be no reversion of money from the Claim Fund to Defendant. 

5. ADMINISTRATION AND NOTICE 

5.1.1. All Administrative Costs shall be paid out of the Total Monetary Settlement 

Amount, and shall not exceed five hundred twenty-two thousand dollars ($522,000), plus postage.

5.1.1.1. Defendant shall pay the Administrative Costs, or cause the Administrative 

Costs to be paid, as follows: Two Hundred Sixty-One Thousand Dollars ($261,000) within seven 

(7) days after entry of the order granting preliminary approval, and Two Hundred Sixty-One 

Thousand Dollars ($261,000) within thirty-seven (37) days after the preliminary approval order. 

The payments shall be subject to the Claims Administrator providing applicable tax I.D. number(s), 

payment routing information, and invoices for the charges no later than thirty (30) days in advance 

of the required payments. Under no circumstances shall Defendant be required to pay more than 

$522,000 in Administrative Costs prior to the Effective Date. Any Administrative Costs in excess 

of $522,000 shall be paid from the remainder of the Total Monetary Settlement Amount after the 

Effective Date.

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Page 11 of 21 

CLASS ACTION SETTLEMENT AGREEMENT 

CLARKSON 

LAW 

FIRM, P.C. 

9255 Sunset Blvd., Suite 804 

Los Angeles, CA 90069

5.1.2. Appointment and Retention of Claims Administrator 

5.1.2.1. The Parties retained Digital Settlement Group LLC as a Notice 

Administrator and Claims Administrator to implement the terms of the Class Action Settlement 

Agreement.

5.1.2.2. The Claims Administrator will facilitate the notice process by assisting the 

Parties in the implementation of the Notice Plan and administering all aspects of the Settlement. 

5.1.3. Class Settlement Website 

5.1.3.1. The Claims Administrator will create and maintain the Class Settlement 

Website, to be activated within twenty (20) days of the entry of the Preliminary Approval Order by 

the Court. The Claims Administrator’s responsibilities will also include securing an appropriate 

URL. The Class Settlement Website will post the settlement documents and case-related documents 

such as the Class Action Settlement Agreement, the Long-Form Notice, the Claim Form (in English 

and Spanish versions), and the Preliminary Approval Order. In addition, the Class Settlement 

Website will include procedural information regarding the status of the Court-approval process, 

such as an announcement of the Final Approval Hearing Date, when the Final Approval Order and 

Judgment have been entered, and when the Effective Date has been reached. Claimants will be able 

to submit their claims electronically via the Class Settlement Website. 

5.1.3.2. The Class Settlement Website will terminate (be removed from the internet) 

and no longer be maintained by the Claims Administrator thirty (30) days after either (a) the 

Effective Date or (b) the date on which the Class Action Settlement Agreement is terminated or 

otherwise not approved by a court, whichever is later. The Claims Administrator will then transfer 

ownership of the URL to Defendant. 

5.1.3.3. All costs and expenses related to the Class Settlement Website shall be paid 

by Defendant as part of the Administrative Costs as set forth in 5.1.1 and 5.1.1.1 of this Agreement. 

5.1.4. Notice Plan 

5.1.4.1. The class notice shall conform to all applicable requirements of the Federal 

Rules of Civil Procedure, the United States Constitution (including the Due Process Clauses), and 

any other applicable law, and shall otherwise be in the manner and form agreed upon by the Parties 

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 13 of 53
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CLASS ACTION SETTLEMENT AGREEMENT 

CLARKSON 

LAW 

FIRM, P.C. 

9255 Sunset Blvd., Suite 804 

Los Angeles, CA 90069

and approved by the Court. The class notice shall constitute the best notice that is practicable under 

the circumstances. 

5.1.4.2. Within thirty (30) days after preliminary approval by the Court of this Class 

Action Settlement Agreement, the Claims Administrator shall provide notice to the Settlement 

Class according to the Notice Plan. 

5.1.4.3. The Notice Plan will include internet and print notice. The Notice Plan will 

have a calculated reach of seventy percent (70%) or greater, to be attested to by affidavit or 

declaration of the Settlement Administrator. A true and correct copy of the initial proposal for the 

Notice Plan is attached hereto as Exhibit A. 

5.1.4.4. The Settlement Claims Administrator shall purchase the print notice and 

other forms of notice associated with the Notice Plan, which shall be included in the amount paid to 

Digital Settlement Group LLC and paid as set forth in 5.1.1 and 5.1.1.1. 

5.1.4.5. The Parties agree to the content of these notices substantially in the forms 

attached to this Agreement as Exhibits D and E. 

5.1.5. Notice to Attorneys General. Not later than ten (10) days after the Motion for 

Preliminary Approval of the Settlement is filed in court, the Settlement Administrator shall in 

consultation with Counsel for the Parties provide notice of the proposed class action settlement to 

the appropriate state officials (i.e. each state attorney general) pursuant to 28 U.S.C. § 1715, and the 

costs of such notice will be deducted from the Total Monetary Settlement Amount. 

5.1.6. Taxes 

Settlement Class Members, the Class Representative, and Class Counsel shall be 

responsible for paying any and all federal, state, and local taxes due on any payments made to them 

pursuant to the Class Action Settlement Agreement, if any. 

6. RELEASES 

6.1. Upon the Effective Date, the Class Representative and each of the Settlement Class 

Members will be deemed to have, and by operation of the Judgment will have fully, finally, and 

forever released, relinquished, and discharged the Released Parties from all Released Claims during 

the Class Period. 

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Page 13 of 21 

CLASS ACTION SETTLEMENT AGREEMENT 

CLARKSON 

LAW 

FIRM, P.C. 

9255 Sunset Blvd., Suite 804 

Los Angeles, CA 90069

7. CLASS CERTIFICATION 

7.1.1. The Parties agree that, for settlement purposes only, this Action shall be certified as a 

class action pursuant to Federal Rule of Civil Procedure, Rules 23(b)(2) and 23(b)(3), with Class 

Representative serving as class representative and Class Counsel as counsel for the Settlement 

Class.

7.1.2. In the event the Class Action Settlement Agreement is terminated or for any reason 

the Class Action Settlement Agreement is not effectuated, the certification of the Settlement Class 

and the appointment of Class Counsel shall be vacated and the Action shall proceed as if the 

Settlement Class had not been certified and Class Counsel had not been appointed. 

8. SETTLEMENT HEARING 

8.1. Promptly after execution of this Class Action Settlement Agreement, Plaintiff will 

submit the Class Action Settlement Agreement together with its Exhibits to the Court and will 

request that the Court grant preliminary approval of the Class Action Settlement Agreement, issue 

the Preliminary Approval Order, and schedule a hearing on whether the Class Action Settlement 

Agreement should be granted final approval and whether the Fee and Cost Application should be 

granted (“Settlement Hearing”). 

8.2. Procedures for Objecting to the Class Action Settlement Agreement

8.2.1. Settlement Class Members shall have the right to appear and show cause, if they 

have any reason why the terms of this Class Action Settlement Agreement should not be given 

Final Approval, subject to each of the subprovisions in Paragraph 8.2. Any objection to this Class 

Action Settlement Agreement, including any of its terms or provisions, must be in writing, filed 

with the Court, with a copy sent the Court and Class Counsel, Counsel for Defendant, and the 

Claims Administrator at the addresses set forth in the Class Notice, and postmarked no later than 

the Notice Response Deadline. Settlement Class Members may object either on their own or 

through an attorney hired at their own expense. Pursuant to the Court’s standing order, the Court 

will only require substantial compliance with these requirements from Class Members who wish to 

object, which shall be stated in the Class Notice. 

///

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 15 of 53
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Page 14 of 21 

CLASS ACTION SETTLEMENT AGREEMENT 

CLARKSON 

LAW 

FIRM, P.C. 

9255 Sunset Blvd., Suite 804 

Los Angeles, CA 90069

8.2.2. If a Settlement Class Member hires an attorney to represent him or her at the Final 

Approval Hearing, he or she must do so at his or her own expense. 

8.2.3. Any objection regarding or related to the Class Action Settlement Agreement shall 

contain a caption or title that identifies it as “Objection to Class Settlement in Iglesias v. Ferrara, 

No. 3:17-cv-00849-VC” and also shall contain the following information: (i) the objector’s name, 

address, and telephone number, (ii) the name, address, and telephone number of any attorney for 

the objector with respect to the objection; (iii) the factual basis and legal grounds for the objection, 

including any documents sufficient to establish the basis for their standing as a Settlement Class 

Member, e.g., Receipt, or verification under oath as to the approximate date(s) and location(s) of 

their purchase(s) of the Covered Products; and (iv) identification of the case name, case number, 

and court for any prior class action lawsuit in which the objector and the objector’s attorney (if 

applicable) has objected to a proposed class action settlement, the general nature of such prior 

objection(s), and the outcome of said prior objection(s). If an objecting party chooses to appear at 

the hearing, no later than the Notice Response Deadline, a notice of intention to appear, either in 

person or through an attorney, must be filed with the Court and list the name, address, telephone 

number, facsimile number, and email address of the attorney, if any, who will appear. 

8.2.4. If a Settlement Class Member wishes to present witnesses or evidence at the Final 

Approval Hearing in support of a timely and validly submitted objection, all witnesses must be 

identified in the objection, and true and correct copies of all supporting evidence must be appended 

to, or filed and served with, the objection. Failure to identify witnesses or provide copies of 

supporting evidence in this manner waives any right to introduce such testimony or evidence at the 

Final Approval Hearing. While the declaration described above is prima facie evidence that the 

objector is a member of the Settlement Class, Class Representative or Defendant or both may take 

discovery regarding the matter, subject to Court approval. 

8.2.5. Any Class Member who does not timely object to the Class Action Settlement 

Agreement or timely submit a Request for Exclusion is deemed to be a Settlement Class Member 

and bound by the Class Action Settlement Agreement or any further orders of the Court in this 

Action. 

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Page 15 of 21 

CLASS ACTION SETTLEMENT AGREEMENT 

CLARKSON 

LAW 

FIRM, P.C. 

9255 Sunset Blvd., Suite 804 

Los Angeles, CA 90069

8.3. Right to Respond to Objections 

8.3.1. Class Counsel and Defendant shall have the right, but not the obligation, to respond to 

any timely-filed objection no later than seven (7) days prior to the Final Approval Hearing. The 

Settling Party so responding shall file a copy of the response with the Court, and shall serve a copy, 

by regular mail, hand or overnight delivery, to the objector (or counsel for the objector) and to 

counsel for Class Representative and Defendant. 

8.4. Opt Outs

8.4.1. Any Class Member who does not wish to participate in this Class Action Settlement 

Agreement must make a Request for Exclusion in writing to the Claims Administrator stating an 

intention to be “excluded” from this Class Action Settlement Agreement by the Opt-Out Date. This 

written Request for Exclusion must be sent via first class United States mail to the Claims 

Administrator at the address set forth in the Class Notice and postmarked no later than the Notice 

Response Deadline. The Request for Exclusion must be personally signed by the Class Member. 

So-called “mass” or “class” opt-outs shall not be allowed. A Class Member who timely submits a 

valid Request for Exclusion pursuant to this paragraph shall not be a Settlement Class Member and 

shall not be considered a party to this Action for any purpose. 

8.4.2. Any Class Member who does not request exclusion from the Settlement has the right 

to object to the Settlement as set forth in Paragraphs 8.2.1 to 8.2.5 above. If a Class Member 

submits a written Request for Exclusion, he or she shall be deemed to have complied with the terms 

of the opt-out procedure and shall not be bound by the Class Action Settlement Agreement if 

approved by the Court. However, any objector who has not timely requested exclusion from the 

Settlement will be bound by the terms of the Class Action Settlement Agreement and by all 

proceedings, orders and judgments in the Action. 

8.4.3. At least seven (7) calendar days prior to the Final Approval Hearing, Class Counsel 

shall prepare or cause the Settlement Administrator to prepare a list of the persons who have 

excluded themselves in a valid and timely manner from the Settlement Class (the “Opt-Outs”), and 

Class Counsel shall file that list with the Court. 

///

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Page 16 of 21 

CLASS ACTION SETTLEMENT AGREEMENT 

CLARKSON 

LAW 

FIRM, P.C. 

9255 Sunset Blvd., Suite 804 

Los Angeles, CA 90069

9. ATTORNEYS’ FEES, COSTS, AND EXPENSES

9.1. Class Counsel may apply to the Court for an award of attorneys’ fees not to exceed 

Seven Hundred Fifty Thousand Dollars ($750,000), plus costs and expenses. This amount will be 

paid out of the Total Monetary Settlement Fund. Defendant shall pay or cause to be paid any 

attorney’s fees, costs and expenses awarded to Class Counsel and approved by the Court pursuant 

to the schedule set forth below. 

9.1.1. Defendant will pay or cause to be paid up to $500,000 in Court-approved attorney 

fees, costs and expenses within forty-five (45) days after the District Court’s final order approving 

the settlement and fee award, notwithstanding any appeal, subject to Class Counsel providing 

applicable tax I.D. number(s), providing payment routing information, and executing an 

undertaking in the form attached hereto as Exhibit B. If the Final Approval Order and Judgment or 

any part of it is vacated, overturned, reversed, or rendered void as a result of an appeal, or the 

Settlement Agreement is voided, rescinded, or otherwise terminated for any other reason, or the 

Court’s award of attorney fees, costs or expenses is reduced on appeal or otherwise prior to the 

Effective Date, then within fifteen (15) business days of such event, Class Counsel shall return to 

Defendant and Defendant’s insurance carrier the attorneys’ fees, costs, and other payments received 

by Class Counsel under this paragraph, in the amounts and according to the procedures set forth in 

Exhibit B. The terms set forth in Exhibit B are expressly incorporated into this Class Action 

Settlement Agreement and shall be binding as if fully set forth herein. 

9.1.2. If the Court approves attorneys’ fees, costs, and expenses in excess of $500,000, 

Defendant will cause the remaining balance to be paid within forty-five (45) days after the 

Effective Date. For the avoidance of doubt, the remaining balance shall equal the difference 

between a) the total amount of attorneys’ fees, costs and expenses awarded by the Court and b) the 

amounts paid to Class Counsel under 9.1.1. 

9.2. Plaintiff may apply to the Court for an incentive award of $5,000 for his service as 

named plaintiff and putative class representative. The amount of the incentive award ordered by 

the Court shall be paid out of the Total Monetary Settlement Fund and sent to Class Counsel within 

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 18 of 53
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Page 17 of 21 

CLASS ACTION SETTLEMENT AGREEMENT 

CLARKSON 

LAW 

FIRM, P.C. 

9255 Sunset Blvd., Suite 804 

Los Angeles, CA 90069

forty-five (45) days after the Effective Date, subject to the prior delivery to Defendant of tax I.D. 

number(s) and address for delivery for each individual receiving such award. 

10. CONDITIONS FOR EFFECTIVE DATE; EFFECT OF TERMINATION 

10.1. The Effective Date of this Class Action Settlement Agreement shall be the date as 

defined in Paragraph 1.15. 

10.2. If this Class Action Settlement Agreement is not approved by the Court or the 

Settlement is terminated or fails to become effective in accordance with the terms of this Class 

Action Settlement Agreement, the Settling Parties will be restored to their respective positions in 

the Action as of the date the Motion for Preliminary Approval is filed. In such event, the terms and 

provisions of this Class Action Settlement Agreement and the Term Sheet Agreement executed in 

March of 2018 will have no further force and effect with respect to the Settling Parties and will not 

be used in this Action or in any other proceeding for any purpose, and any Judgment or order 

entered by the Court in accordance with the terms of this Class Action Settlement Agreement will 

be treated as vacated. The Parties will meet and confer regarding a proposed class certification 

schedule, and will submit to the Court a proposed schedule, or competing alternative schedules if 

they cannot reach agreement. For the avoidance of doubt, nothing in this Paragraph shall affect the 

obligations in Paragraph 9.1.1 and Exhibit B, which shall survive non-approval of the Class Action 

Settlement Agreement, termination of the Settlement, and/or failure of the Settlement to become 

effective in accordance with the terms of this Class Action Settlement Agreement.

10.3. No order of the Court or modification or reversal on appeal of any order of the Court 

concerning any award of attorneys’ fees, expenses, or costs to Class Counsel will constitute 

grounds for cancellation or termination of this Class Action Settlement Agreement. 

11. MISCELLANEOUS PROVISIONS 

11.1. The Parties acknowledge that it is their intent to consummate this Class Action 

Settlement Agreement, and they agree to cooperate to the extent reasonably necessary to effectuate 

and implement all terms and conditions of this Class Action Settlement Agreement and to exercise 

their best efforts to accomplish the foregoing terms and conditions of this Class Action Settlement 

Agreement.

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 19 of 53
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Page 18 of 21 

CLASS ACTION SETTLEMENT AGREEMENT 

CLARKSON 

LAW 

FIRM, P.C. 

9255 Sunset Blvd., Suite 804 

Los Angeles, CA 90069

11.2. The Parties intend the Settlement to be a final and complete resolution of all disputes 

between them with respect to the Action. The Settlement compromises claims that are contested 

and will not be deemed an admission by any Settling Party as to the merits of any claim or defense. 

The Parties agree that the consideration provided to the Settlement Class and the other terms of the 

Settlement were negotiated in good faith by the Parties, and reflect a settlement that was reached 

voluntarily after consultation with competent legal counsel. 

11.3. Neither this Class Action Settlement Agreement nor the Settlement, nor any act 

performed or document executed pursuant to or in furtherance of this Class Action Agreement or 

the Settlement is or may be deemed to be or may be used as an admission of, or evidence of, the 

validity of any Released Claims, or of any wrongdoing or liability of Defendant; or is or may be 

deemed to be or may be used as an admission of, or evidence of, any fault or omission of 

Defendant in any civil, criminal, or administrative proceeding in any court, administrative agency 

or other tribunal. Any party to this Action may file this Class Action Settlement Agreement and/or 

the Judgment in any action that may be brought against it in order to support any defense or 

counterclaim, including without limitation those based on principles of res judicata, collateral 

estoppel, release, good faith settlement, judgment bar or reduction, or any other theory of claim 

preclusion or issue preclusion or similar defense or counterclaim. 

11.4. All agreements made and orders entered during the course of the Action relating to the 

confidentiality of information will survive this Class Action Settlement Agreement. 

11.5. Any and all Exhibits to this Class Action Settlement Agreement are material and 

integral parts hereof and are fully incorporated herein by this reference. 

11.6. This Class Action Settlement Agreement may be amended or modified only by a 

written instrument signed by or on behalf of all Parties or their respective successors-in-interest. 

11.7. This Class Action Settlement Agreement and any Exhibits attached hereto constitute 

the entire agreement among the Parties, and no representations, warranties, or inducements have 

been made to any Party concerning this Class Action Settlement Agreement or its Exhibits other 

than the representations, warranties, and covenants covered and memorialized in such documents. 

Except as otherwise provided herein, the Parties will bear their own respective costs. 

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 20 of 53
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CLASS ACTION SETTLEMENT AGREEMENT 

CLARKSON 

LAW 

FIRM, P.C. 

9255 Sunset Blvd., Suite 804 

Los Angeles, CA 90069

11.8. Class Counsel, on behalf of the Settlement Class, are expressly authorized by the 

Class Representative to take all appropriate actions required or permitted to be taken by the 

Settlement Class pursuant to this Class Action Settlement Agreement to effectuate its terms, and 

are expressly authorized to enter into any modifications or amendments to this Class Action 

Settlement Agreement on behalf of the Settlement Class that Class Counsel deem appropriate. 

11.9. Each counsel or other Person executing this Class Action Settlement Agreement or 

any of its Exhibits on behalf of any Party hereby warrants that such Person has the full authority to 

do so. 

11.10. This Class Action Settlement Agreement may be executed in one or more 

counterparts. All executed counterparts and each of them will be deemed to be one and the same 

instrument. The parties further agree that signatures provided by portable document format (PDF) 

or other electronic transmission shall have the same force and effect as original signatures. 

11.11. This Class Action Settlement Agreement will be binding upon, and inure to the 

benefit of, the successors and assigns of the Settling Parties. 

11.12. Except as provided herein, the Court will retain jurisdiction with respect to 

implementation and enforcement of the terms of this Class Action Settlement Agreement, and all 

parties hereto submit to the jurisdiction of the Court for purposes of implementing and enforcing 

the Settlement. 

11.13. None of the Settling Parties, or their respective counsel, will be deemed the drafter of 

this Class Action Settlement Agreement or its Exhibits for purposes of construing the provisions 

thereof. The language in all parts of this Class Action Settlement Agreement and its Exhibits will 

be interpreted according to its plain meaning, and will not be interpreted for or against any of the 

Settling Parties as the drafter thereof. 

11.14. This Class Action Settlement Agreement and any Exhibits hereto will be construed 

and enforced in accordance with, and governed by, the internal, substantive laws of the State of 

California without giving effect to that State’s choice-of-law principles. 

11.15. Except for the notice provisions set forth in the Order of Preliminary Approval and 

except as required of Defendant in accordance with applicable law, rule, or regulation (e.g. 

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Page 20 of 21 

CLASS ACTION SETTLEMENT AGREEMENT 

CLARKSON 

LAW 

FIRM, P.C. 

9255 Sunset Blvd., Suite 804 

Los Angeles, CA 90069

securities laws, rules, or regulations), each of the Class Representative, Class Counsel, Defendant, 

and Defendant’s Counsel agrees that there will be no campaigning (including on the Internet) 

regarding the Settlement. There will be no press release regarding the Settlement, and neither side 

will initiate contacts with the media regarding the Settlement or litigation against Defendant. Any 

party can respond to inquiries initiated by the media regarding the Settlement, and in doing so may 

decline to comment, but otherwise shall only refer to the Class Notice and/or defer to the court file 

in this Action, but shall not provide any further comment. 

11.16. The time periods and/or dates described in this Settlement Agreement with respect 

to the giving of notices and hearings are subject to approval and change by the Court or by the 

written agreement of Class Counsel and Defendant’s Counsel, without notice to Class Members. 

The Parties reserve the right, by agreement and subject to the Court’s approval, to grant any 

reasonable extension of time that might be needed to carry out any of the provisions of this 

Settlement Agreement. 

11.17. If the date for performance of any act required by or under this Settlement 

Agreement falls on a Saturday, Sunday, or court holiday, that act may be performed on the next 

business day with the same effect as if it had been performed on the day or within the period of 

time specified by or under this Settlement Agreement. 

///

///

///

///

///

///

///

///

///

///

///

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 22 of 53
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Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 23 of 53
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DATED: May/0, 2018 

DATED: May { , 2018 

APPROVED AS TO FORM: 

DATED: May _ , 2018 

DATED: May /D, 2018 

Michael i',1 ay,Chl~Operating Officer 

Ferrara Candy Campa y 

CLARKSON LAW FIRM, P.C. 

Ryan J. Clarkson, Esq. 

Shireen M. Clarkson, Esq. 

Bahar Sodaify, Esq. 

Attorneys/or PlaintijfThomas Iglesias 

. · ael J. Shepar , Esq. 

J hristopher Mitchell, Esq. 

tonzeysfor Defendant Ferrara Candy 

Company 

Pa e 21 of21 

CLASS ACTION SETTLEMENT AGREEMENT 

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 24 of 53
EXHIBIT 

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 25 of 53
CLASS NOTICE AND ADMINISTRATION 

1. The key purpose of this document is to provide the Court with Digital Settlement Group’s qualifications 

and experience regarding this Class Action Notice Plan and to provide additional details and background on 

what will be executed per the Service Agreement. 

2. As the Class Action Settlement Administrator for the Settlement, our duties and responsibilities for 

administering the Settlement includes the following (1) arranging for the distribution of the Class Notice and 

Claim Forms to Settlement Class Members; (2) arranging for publication of the Publication Notice; (3) 

answering written inquiries from Settlement Class Members and/or forwarding such inquiries to Class 

Counsel or their designee; (4) receiving and maintaining on behalf of the Court and the Parties any Settlement 

Class Member correspondence regarding requests for exclusion to the Settlement; (5) establishing the 

Settlement Website that posts notices, Claim Forms and other related documents; (6) establishing a toll-free 

telephone number; (7) receiving and processing claims; (8) submitting a declaration attesting to the 

dissemination of the Class Notice and the number of claims received; (9) providing timely reporting and 

analytics to Counsel throughout the noticing and claims process to allow for thorough oversight. 

EXPERIENCE 

3. Digital Settlement Group has served as a court-approved notice provider in over a dozen state and 

federal court class actions and has worked in the class action category for over eight years and provided 

expertise in Internet notice to some of the largest class action administration companies in the industry, 

including the following class actions: Keller v. Gaspari Nutrition, No. CV11-06158 (U.S. Dist. Ct., Central 

Dist. Cal.); Taromina, v. Gaspari Nutrition, No. CV12-05424 (U.S. Dist. Ct., Central Dist. Cal.); Wike v. 

HCG Platinum, LLC, No. BC451080 (Los Angeles County Superior Court). Most recently, We managed 

notice and administration for Garcia v. Iovate Health Sciences USA Inc. (Santa Barbara Superior Court) 

(National indirect purchaser class of a consumer product at retail). 

4. In approving In Re: Wellnx Marketing & Sales Practices (a national, 18 state multidistrict class action 

litigation with a substantial indirect purchaser class), the Court noted: “the effort to provide notice to the class 

went well beyond what due process would require at its minimum. In fact, it was both an intelligent and 

effusive, if I can use that word, notification process, which has given me new some ideas for similar cases in 

the future for the proper way of giving notice in a case like this where it is hard to otherwise ascertain the 

identity of the class members.”

5. Additionally, Digital Settlement Group has over twenty years of marketing experience with a 

specialty in television and Internet advertising, including managing the official online sites for 20th Century 

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 26 of 53
Fox on behalf of News Corporation from 1993 to 1996. Our founders have served as a marketing consultant 

to a variety of consumer product companies, where responsibilities included creative directing national 

marketing campaigns and producing and directing national television commercials (which have been featured 

in trade magazines, like Advertising Age, and generated hundreds of millions of dollars in retail revenue). 

Digital Settlement Group personally managed tens of millions of dollars in Internet advertising for consumer 

products. Due to the extensive Internet marketing experience, our area of specialty is providing class notice in 

cases where the identities of individual Class Members is not known, including classes comprised of 

purchasers of consumer products. See Arreguin v. Telebrands, No. CIVRS1307798 (Superior Court of 

California, San Bernardino County) (Indirect purchaser class of nationwide Pocket Hose consumer product.); 

and Eggnatz et al v. The Kellogg Company et al, S.D. Fla., Case No. 1:12-cv-21678. (Indirect purchaser class 

of nationwide Kashi products with no direct mail component.) 

OVERVIEW OF THE NOTICE PLAN 

6. This Litigation1

 involves Products sold predominantly at movie theater locations and retail, so the 

identity of purchasing Class Members is not readily known. In such cases, Internet and publication notice is 

the best way to inform Class Members about the Settlement. Digital Settlement Group relies heavily on 

recommendations from the Federal Judicial Center's Judges’ Class Action Notice and Claims Process 

Checklist and Plain Language Guide (“Claims Guide”) in designing its notice plans. 

7. DSG developed a comprehensive notice program consisting of efficient media vehicles with the 

objective of reaching a substantial portion of Class Members. A detailed breakout of the notice plan is 

outlined in the Service Agreement. DSG believes this provides the best practicable methods to reach potential 

class members and has seen successful results in similar plans with similar class members. 

8. Before any of the notices begin, DSG will review all materials and work with Counsel to help comply 

with Claims Guide recommendations and timelines. All the advertisements will direct potential Class 

Members to the Settlement Website, where they will be able to download all important documents, review 

frequently asked questions, and file a claim either online and/or postal as stated in the agreement. 

Administration will notify claimants of any missing or invalid claim information after the Approval Hearing. 

The print advertisements will also have address, email and phone in case individuals cannot access a 

computer. A toll-free number with an Interactive Voice Response (“IVR”) system will also be available to 

answer potential questions. 

 

1 All defined terms contained herein shall have the same meanings as set forth in the Settlement Agreement and Release between the parties.

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 27 of 53
9. One of the concerns noted in the Claims Guide is that claims administrators are “often accountants by 

training and may lack personal knowledge or the training to conduct reach analyses.” Digital Settlement 

Group, however, has extensive expertise in marketing and media-planning that is essential to conducting 

reach analysis that has been approved by Courts in similar cases with a large indirect purchaser class. 

10. The notice plan is supported by “unbiased evidence supporting the plan's adequacy”2

 as 

recommended by the Claims Guide. DSG uses industry-standard reporting tools from GfK MRI and 

comScore. GfK MRI is part of the GfK Group, the fourth largest market research organization worldwide. 

They’re a leader in supplying the audience data for almost all national print campaigns in the country and 

their Survey of the American Consumer produces one of the country's largest and most current database of 

consumer behavior, media usage and consumer motivations. comScore is the leading cross-platform 

measurement company that provides independent data, metrics, products and services to clients in the media, 

advertising and marketing industries. They provide digital media analytics that help advertisers understand the 

composition, reach, and frequency of consumer media audiences. The accuracy of reporting from both GfK 

MRI and comScore has been approved by Courts in previous notice plans we’ve developed.

11. Our notice programs create the best practicable plan because they are designed in the same way a 

company would design an advertising campaign to sell that very same product. Specifically, we used industry 

standard advertising tools to identify media properties where purchasers of candy were most likely to be 

located. In addition, the methods used have been approved in multiple cases with a substantial indirect 

purchaser class (See Arreguin v. Telebrands and Eggnatz et al v. The Kellogg Company). 

SETTLEMENT WEBSITE 

Digital Settlement Group will create and maintain a dedicated web site for the Class Members to learn about 

the Settlement. It will feature the ability to download all relevant documents (in industry standard PDF 

format), including Claim Forms, Important Dates, Frequently Asked Questions, Long Form Notice, and the 

Short Form notice. The site will be designed for broad compatibility with browsers and platforms using best 

practices. 

All traffic to the site will be monitored with proprietary fraud detection systems, similar to those used on ecommerce platforms, to help ensure legitimate Class Members receive the maximum benefit. A 3rd party 

monitoring service will check the site at regular intervals to ensure the site is functioning properly and, if 

required, provide an independent report on the total up-time of the site. The Settlement Web Site will be 

 

2 See Claims Guide.

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 28 of 53
updated in a timely manner, based upon the Court-approved schedule. For example, when the deadline for 

filing a claim has passed, that option will be removed from the site. 

CONSUMER PUBLICATION 

12. Print publications were selected for their efficiency and reach with the targeted class. While the Internet 

has a high saturation of consumer product customers (and continues to grow), a targeted print publication 

element has been proposed to ensure potential class members with limited Internet access or usage aren't 

neglected. To develop the print notice, both proprietary data from previous notice plans and GfK MRI was used 

to evaluate the reach to the class. As noted earlier, the goal of the campaign is to reach the defined class. In 

addition to raw data, an extensive marketing analysis was performed to ensure publications targeted this class. 

By targeting widely read publications with a high index the print publication portion is designed to effectively 

supplement the Internet notice portion of the plan and help provide additional reach especially to consumers 

that are less likely to be online.

13. The print publications selected include: Soap Opera Digest, Life & Style, and the National Enquirer.

All of these publications are more likely than average to have “candy consumers” as readers. They will be 

presented in 1/3 page vertical format. 

14. DSG will release a press release, with language to be agreed upon by Counsel, through PR Newswire. 

PR Newswire is the industry’s largest content distribution network reaching nearly 4,500 US websites, more 

than 33,000 member journalists and 48 industry-specific Twitter feeds. 

INTERNET ADVERTISEMENTS

15. The Internet is an extremely powerful tool for reaching potential class members and driving them to 

the settlement website. According to Pew Research (2016)3

, 89% of all adults in the United States use the 

Internet, up from 79% in 2010. Over a decade of Internet marketing experience has been leveraged to design 

the most effective plan.

16. DSG will target Class Members with impressions on the ComScore Ranked Tier 1 websites over the 

course of 30 days defined in the agreement. An impression is defined as when the internet ad is shown or loaded 

on a Website. The sites selected for the Internet notice reach at least 75% or higher of the Internet population 

 

3 Data Source: http://www.pewinternet.org/fact-sheet/internet-broadband/

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 29 of 53
and are the most popular on the United States Internet, based upon comScore data. This notice plan will deliver 

impressions using interest and/or behavioral targeting. Whenever possible and cost effective, behavioral and 

“transactional targeting” from the site, networks or 3rd party data sources will be used to deliver banner 

advertisements to users who have purchased the product or shown interest in a specific product or category. 

Digital Settlement Group will also use targeted native ads to help provide information to those individuals that 

may not fall into the other behaviorally targeted segments. Unlike traditional media (like print publications), 

this allows a notice plan to target potential class members more accurately with significantly less “wasted” 

impressions. 

In addition, targeted “search terms” advertisements on popular search engines and networks will be 

incorporated into the plan. Per the Claims Guide, this is to help satisfy “extra effort” where the class is 

“highly concentrated.” Whenever possible and cost effective, settlement notice advertisements will be 

targeted based on past user behavior. In addition, contextual, in-market, topic and affinity targeting are used 

to ensure the most relevant audience is reached. This type of advertising targets the right potential class 

members at the right time.

17. The notice program will consist of over 52 million targeted Internet impressions on Tier 1 properties 

(e.g. Yahoo, Google, Facebook), using 3rd party tools to verify reach and frequency. Behaviors, interests, and 

topics will be used to target the notice in the most efficient manner. For example, targeting will include adults 

in the United States who are known to have purchased “gum or candy,” while excluding “health and fitness” 

consumers.

18. The notice advertisements are designed to “command class members' attention” and “are written in a 

clear, concise and easily understood language.”4 Clicking on the links will direct the Class Member to the 

Settlement Website where they will have quick access to a printable and online Claim Form. Examples of the 

Internet advertisements can be seen in Exhibit 1. Digital Settlement Group will regularly report detailed 

statistics to Counsel and adjust the notice plan on an as needed basis. 

28 U.S.C. § 1715 NOTICE TO ATTORNEYS GENERAL

19. After entry of the preliminary approval order, notice of the proposed class action settlement shall be 

given to the appropriate state officials (i.e. each state attorney general) pursuant to 28 U.S.C. § 1715. 

 

4 See Claims Guide at 1, 5.

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 30 of 53
SUMMARY

20. The notice plan has been designed to reach the largest target audience in a cost-efficient and timely 

manner. Furthermore, the notice plan provides the best notice practicable, with similar reach to other Courtapproved notice plans in the same product category. It has been designed to reach at least 70% of the class, 

allowing for duplication across medium and utilizing 3rd party-reporting tools that have been accepted in 

similar cases.

21. Based on Digital Settlement Group’s class action notice planning experience, described above in 

Paragraphs above the methods utilized in this Notice Program will be consistent with other effective class action 

settlement notice plans that our team has developed. And It is my professional opinion that the Class Action 

Notice Plan will provide the best notice practicable and meets the desire to actually inform. Furthermore, it 

provides the same reach and frequency evidence that Courts have approved in previous settlements.

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 31 of 53
EXHIBIT 1 

= NDTICEFDR = 

If you purchased 

a box of candy, 

you maybe 

entitled to 

compensation 

under a 

class action 

settlement. 

fEllRmCaNOYSETTlEMENT.CDM 

CLASS ACTION 

SETTLEMENT 

Clltl!O lll!N MIHl 

If you purchased 

a box of candy. 

you may be entitled 

to compensation 

under a class action 

settlement. 

fERRAHACANOYSETnEMENl.tDM Ut/1illitlilill 

If you purchased a box of candy, 

you may be entitled to compensation 

under a class action settlement. 

Did You Purchase Boxed Candy? I Boxed Candy Settlement 

[Ml www.ferraracandysenlement.com 

View details and find out if you are eliglble for compensation. 

Boxed Candy Products I Class Action Settlement 

[Ml www.ferraracandysenlement.com 

You may qualify for compensation under a class action settlement Learn More. 

Boxed Candy Customers I Did you Purchase Boxed Candy? 

[Ml www.ferraracandysettlement.com 

If you purchased boxed candy, yoo may be entitled to compensation 

Ferrara Candy Class Action Settlement 

If you purchased a box of candy, you may be entitled to compensation under a 

class action settlement. 

F ' ..nd,S. 

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 32 of 53
EXHIBIT 

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 33 of 53
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\DC - 041145/000009 - 12221444 v1 STIPULATION REGARDING UNDERTAKING RE ATTORNEYS’ FEES AND COSTS

CLARKSON 

LAW 

FIRM, P.C. 

9255 Sunset Blvd., Suite 804 

Los Angeles, CA 90069

EXHIBIT B 

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

Plaintiff Thomas Iglesias, and Defendant Ferrara Candy Co. (“Ferrara”), by and 

through their undersigned counsel stipulate and agree as follows: 

WHEREAS, Class Counsel (as defined in the underlying Settlement 

Agreement) and their law firm desire to give an undertaking (the “Undertaking”) for 

repayment of their award of attorneys’ fees and costs, as is required by the Settlement 

Agreement and approved by the Court, and 

WHEREAS, the Parties agree that this Undertaking is in the interests of all 

Parties and in service of judicial economy and efficiency. 

NOW, THEREFORE, each of the undersigned Class Counsel, on behalf of 

themselves as individuals and as agents for their respective law firms, hereby submit 

themselves and their respective law firms to the jurisdiction of the Court for the 

purpose of enforcing the provisions of this Undertaking. 

Capitalized terms used herein without definition have the meanings given to 

them in the Settlement Agreement. 

THOMAS IGLESIAS individually and 

on behalf of all others similarly 

situated,

Plaintiff, 

vs. 

FERRARA CANDY CO., and DOES 1 

through 10, inclusive,

Defendants. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Case No. 3:17-cv-00849-VC 

STIPULATION REGARDING 

UNDERTAKING RE 

ATTORNEYS’ FEES AND COSTS 

Hon. Judge Vince Chhabria

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 34 of 53
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\DC - 041145/000009 - 12221444 v1 2

CLARKSON 

LAW 

FIRM, P.C. 

9255 Sunset Blvd., Suite 804 

Los Angeles, CA 90069

2

STIPULATION REGARDING UNDERTAKING RE ATTORNEYS’ FEES AND COSTS

By receiving any payments pursuant to the Settlement Agreement, Clarkson 

Law Firm, P.C. and its shareholders, members, and/or partners submit to the 

jurisdiction of the United States District Court for the Northern District of California 

for the enforcement of and any and all disputes relating to or arising out of the 

reimbursement obligation set forth herein and the Settlement Agreement. 

Clarkson Law Firm, P.C., Ryan J. Clarkson, Esq., Shireen Clarkson, Esq., and 

any other individual attorney or firm who receives payment pursuant to this 

Undertaking and Paragraph 9.1.1. of the underlying Settlement Agreement shall be 

jointly and severally liable for Class Counsel’s obligations to return such payments 

pursuant to this Undertaking and Paragraph 9.1.1. of the underlying Settlement 

Agreement.

Ferrara, either directly and/or through its insurance carrier, will pay Class 

Counsel up to five hundred thousand dollars ($500,000) of attorneys’ fees and costs as 

provided in the Settlement Agreement and as approved by the Court within thirty (30) 

days of the Final Order and Judgment. 

In the event that the Final Order and Judgment is vacated, overturned, reversed, 

modified, or rendered void on appeal, in whole or in part, or if the Settlement 

Agreement is voided, rescinded, or terminated for any reason, Class Counsel shall, 

within fifteen (15) business days of such event, repay to Ferrara and/or Ferrara’s 

insurance carrier the full amount of the attorneys’ fees and costs paid by Ferrara, 

either directly and/or through Ferrara’s insurance carrier, to Class Counsel, including 

any accrued interest. Class Counsel’s repayment shall be allocated between Ferrara 

and Ferrara’s insurance carrier in amounts proportionate to their respective payments 

to Class Counsel. 

In the event the Final Order and Judgment is not reversed on appeal, in whole 

or in part, but the attorneys’ fees and costs awarded by the Court are vacated or 

modified on appeal, Class Counsel shall, within fifteen (15) business days of such 

event, repay to Ferrara and/or its insurance carrier the attorneys’ fees and costs, either 

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 35 of 53
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\DC - 041145/000009 - 12221444 v1 3

CLARKSON 

LAW 

FIRM, P.C. 

9255 Sunset Blvd., Suite 804 

Los Angeles, CA 90069

3

STIPULATION REGARDING UNDERTAKING RE ATTORNEYS’ FEES AND COSTS

directly and/or through Ferrara’s insurance carrier, to Class Counsel in the amount 

vacated or modified, including any accrued interest. Class Counsel’s repayment shall 

be allocated between Ferrara and Ferrara’s insurance carrier in amounts proportionate 

to their respective payments to Class Counsel. 

This Undertaking and all obligations set forth herein shall expire upon finality 

of all direct appeals of the Final Order and Judgment. 

In the event Class Counsel fails to repay to Ferrara and/or Ferrara’s insurance 

carrier any attorneys’ fees and costs that are owed pursuant to this Undertaking, the 

Court shall, upon application of Ferrara and/or Ferrara’s insurance carrier, and notice 

to Class Counsel, summarily issue orders, including but not limited to judgments and 

attachment orders against Class Counsel, and may make appropriate findings for 

sanctions for contempt of court. 

The undersigned stipulate, warrant, and represent that they have both actual and 

apparent authority to enter into this stipulation, agreement, and undertaking on behalf 

of their respective law firms or organizations. 

This Undertaking may be executed in one or more counterparts, each of which 

shall be deemed an original but all of which together shall constitute one and the same 

instrument. Signatures by facsimile or PDF shall be as effective as original 

signatures. 

The undersigned declare under penalty of perjury under the laws of the State of 

California and the United States that they have read and understand the foregoing and 

that it is true and correct. 

/// 

/// 

/// 

/// 

/// 

/// 

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 36 of 53
2 

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c.. - 0 ..:';:i 0 

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IT 1S SO STIPULATED THROUGH COUNSEL OF RECORD: 

DATED: May ID, 2018 

DATED: May lQ, 20 LS 

DATED: May~ 2018 

4 

Rya . Cl on, Esq., individually and 

of Clarkson Law Finn, P.C. 

CLARKSON LAW FIRM, P.C. 

hireen M. Clarkson, Esq., individually 

and on behalf of Clarkson Law Firm, 

P.C. 

Attorneys/or Plaintiff Thomas Iglesias 

HOGAN LOVELLS US LLP 

Attorneys for Defendant Ferrara Candy 

Company 

STIPULATION REGARDING UNDERTAKJNG RE ATTORNEYS' FEES AND COSTS 

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 37 of 53
EXHIBIT 

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 38 of 53
Iglesias v. Ferrara Candy Co., Case No. 3:17-cv-00849-VC 

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

Settlement Proof of Claim Form 

If you purchased a cardboard box of Jujyfruits®, Jujubes®, Now & Later®, Lemonhead®, Applehead®, Cherryhead®, Grapehead®, 

RedHots®, Trolli®, Chuckles®, Black Forest®, Jawbuster®, Jawbreaker®, Brach’s®, Boston Baked Beans®, Super Bubble®, 

Rainblo®, or Atomic Fireball® candy, in any flavor or variety (the “Class Products”), you may be eligible to participate in the benefits 

of the proposed settlement in Iglesias, et al. v. Ferrara Candy Co. To participate, you must fill this claim form out completely and 

either (i) mail it to the address given below, or (ii) submit it online through the Settlement website below. This Claim form must be 

postmarked or electronically filed no later than September 20, 2018. If you provide incomplete or inaccurate information, your claim 

may be denied. 

• Please read the full notice of this settlement (available at www.FerraraCandySettlement.com) carefully before filling out this Form. 

• To be eligible to receive any benefits from the settlement obtained in this class action lawsuit, you must complete or submit your claim 

form online or by mail: 

ONLINE: Visit www.FerraraCandySettlement.com and submit your claim online; or 

MAIL: Ferrara Candy Settlement Claims Administrator, 8001 Broadway, Suite 200, Merrillville, IN 46410. 

• Keep a copy of your completed Claim Form for your records. Any documents you submit with your Claim Form cannot be returned. 

• If your claim is rejected for any reason, the Claims Administrator will notify you of the rejection and the reasons for such rejection. 

PART A: CLAIMANT INFORMATION 

 FIRST NAME LAST NAME 

 STREET ADDRESS 

 STREET ADDRESS 2 

 CITY STATE ZIP CODE 

 EMAIL ADDRESS PHONE NUMBER 

PART B: PURCHASE INFORMATION 

• To be eligible for a payment you must not have previously received a refund for your purchase of the Class Product. 

• To qualify for a cash award, you must have purchased one or more Class Products. 

a. If you provide a copy of a receipt or receipts memorializing the purchase of the Class Products (“Proof of Purchase”), you will

receive a refund of 50 cents per box for each Class Product purchased up to the total amount of units purchased that are submitted 

with Proof of Purchase. 

b. If you do not provide a valid receipt memorializing the purchase of the Class Products, but complete this Claim Form under penalty 

of perjury, you will receive a refund of 50 cents per box up to 15 boxes for a total refund of up to $7.50. 

c. If there is still money left over in the Claim Fund, your refund will be increased on a pro rata basis with the refunds of other

Settlement Class Members until the Claim Fund is spent. If there is not enough money in the Claim Fund to pay the amounts listed 

above to all Settlement Class Members, your refund will be decreased on a pro rata basis with the refunds of other Settlement Class 

Members. 

• Please fill out the chart below identifying the purchase transaction(s) for which you are making a claim: 

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 39 of 53
TOTAL NUMBER OF CLASS PRODUCTS 

Write the total number of Class Products you purchased in the United States between February 21, 2013 and June 21, 2018 in the chart 

below: 

Number of Product Purchased Approximate Date of Purchase 

Please choose one of the following: 

(a) Check here if you are uploading or mailing Proof of Purchase documentation with this claim form: 

If you are submitting this Claim Form by mail, please mail a copy of your receipt(s) memorializing the purchase of the Class 

Products along with this Claim Form to Ferrara Candy Settlement Claims Administrator, 8001 Broadway, Suite 200, Merrillville, 

IN 46410. 

(b) Check here if you are making a claim without a Proof of Purchase. 

*Failure to include Proof of Purchase for claims for which a Proof of Purchase is required will result in the reduction of your claims. 

*Submission of false or fraudulent information will result in the claim being rejected in its entirety.

PART C: ATTESTATION UNDER PENALTY OF PERJURY 

I declare under penalty of perjury under the laws of the United States of America that I purchased the products listed between February 21, 

2013 and June 21, 2018 that all of the information on this Claim Form is true and correct to the best of my knowledge. I understand that my 

Claim Form may be subject to audit, verification, and Court review and that I may be required to provide additional information to establish 

that my claim is valid. I also understand that by submitting this claim, I am releasing all Released Claims, as detailed in the Notice of the 

Proposed Class Action Settlement. 

SIGNATURE DATE 

CLAIM FORM REMINDER CHECKLIST 

Before submitting this Claim Form, please make sure you: 

1 Complete all fields in the Claimant Information section of this Claim Form in Part A. 

2 Complete Part B, indicating the number of Class Products you purchased and whether you are claiming either enclosing Proof of 

Purchase, or whether you are claiming a refund without Proof of Purchase for 50 cents per box for up to 15 boxes and a total of up to 

$7.50 payment. 

3 Sign the Attestation under penalty of perjury in Part C. You must sign the Attestation to be eligible to receive benefits. 

4 Keep a copy of your Claim Form and supporting documentation for your records. 

5 If you desire an acknowledgment of receipt of your Claim Form, please complete the online Claim Form or mail this Claim Form 

via Certified Mail, Return Receipt Requested. 

6 If you move or your name changes, please email your new address, new name or contact information to 

info@FerraraCandySettlement.com or mail to the Ferrara Candy Settlement Claims Administrator, 8001 Broadway, Suite 200, 

Merrillville, IN 46410., or call toll-free at 1-877-452-8477. 

Please keep a copy of your Claim Form for your records. 

• 

• 

• l!1 . .J 

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 40 of 53
EXHIBIT 

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 41 of 53
If you bought a cardboard box of Jujyfruits®, 

Jujubes®, Now & Later®, Lemonhead®, Applehead®, 

Cherryhead®, Grapehead®, RedHots®, Trolli®, 

Chuckles®, Black Forest®, Jawbuster®, Jawbreaker®, 

Brach’s®, Boston Baked Beans®, Super Bubble®, 

Rainblo®, or Atomic Fireball candy, or any flavors or 

varieties of those candies, between February 21, 2013 

and June 21, 2018, then you could be entitled to 

money from a class action settlement. 

A court authorized this notice. This is not a solicitation from a lawyer. 

 A settlement has been reached between Ferrara Candy Co. (“Defendant”) and Thomas Iglesias 

(“Class Representative” or “Plaintiff”), individually and on behalf of the Settlement Class. The 

settlement resolves a class action lawsuit about allegations that Defendant packages its boxed candy 

products in oversized packaging with nonfunctional empty space. Defendant denies the allegations. 

The Court did not rule in favor of either side. The parties agreed to the settlement to avoid the 

expense and risks of continuing the lawsuit.

 You are a class member if you are a resident of the United States who purchased one or more 

cardboard boxes of Jujyfruits®, Jujubes®, Now & Later®, Lemonhead®, Applehead®, Cherryhead®, 

Grapehead®, RedHots®, Trolli®, Chuckles®, Black Forest®, Jawbuster®, Jawbreaker®, Brach’s®, 

Boston Baked Beans®, Super Bubble®, Rainblo®, or Atomic Fireball candy, or any flavors or 

varieties of them (“Settlement Class Products”), between February 21, 2013 and June 21, 2018.

 The settlement provides cash payments based on the number of Settlement Class Products 

purchased. Class members with proof of purchase may submit a claim for fifty cents ($0.50) per box 

for each Settlement Class Product purchased. Class members without proof of purchase may submit 

a claim for fifty cents ($0.50) per box for up to fifteen (15) boxes, totaling up to seven dollars and fifty 

cents ($7.50). These amounts will be increased proportionally (pro rata) if the total amount of claims 

does not exhaust the available settlement funds. These amounts will be reduced proportionally (pro 

rata dilution) if the total amount of claims exceeds the available settlement funds. 

Please read this Notice carefully and in its entirety. Your rights may be affected by the 

settlement of this Lawsuit, and you have a choice to make now about how to act: 

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:

SUBMIT A VALID CLAIM BY 

September 20, 2018 

EXCLUDE YOURSELF 

FROM THE CLASS BY 

September 20, 2018 

The only way to get a cash payment, if you qualify. 

This is the only option that allows you to be part of any other 

lawsuit against Defendant about the legal claims in this case. 

QUESTIONS? CALL 1-877-452-8477 OR VISIT www.FerraraCandySettlement.comPARA UNA 

NOTIFICATIÓN EN ESPAÑOL, VISITE NUESTRO SITIO DE INTERNET.

1

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 42 of 53
OBJECT TO THE 

SETTLEMENT BY 

September 20, 2018 

GO TO A HEARING ON 

October 18, 2018 

DO NOTHING 

Tell the Court about why you don’t like the settlement.

Ask to speak in Court about the settlement. 

Get no benefits. Give up rights to be part of any other lawsuit 

against Defendant about the legal claims in this case. 

 These rights and options—and the deadlines to exercise them—are explained in this notice.

 The Court in charge of this case still has to decide whether to approve the settlement. Cash 

payments for valid claims will be issued only if the Court approves the settlement and after the time 

for appeals has ended and any appeals are resolved. Please be patient.

WHAT THIS NOTICE CONTAINS 

BASIC INFORMATION ...................................................................................................PAGE 4

1. Why was this notice issued? 

2. What is the lawsuit about? 

3. Why is this a class action? 

4. Why is there a settlement? 

WHO IS IN THE SETTLEMENT ........................................................................................ PAGE 5

5. How do I know if I am part of the settlement? 

6. I’m still not sure if I’m included in the settlement.

THE SETTLEMENT BENEFITS—WHAT YOU GET ...............................................................PAGE 5

7. What does the settlement provide? 

8. What am I giving up in exchange for the settlement benefits? 

HOW TO GET A CASH PAYMENT—SUBMITTING A VALID CLAIM FORM ..................................PAGE 6

9. How can I get a cash payment? 

10. When will I get my check? 

QUESTIONS? CALL 1-877-452-8477 OR VISIT www.FerraraCandySettlement.com 

PARA UNA NOTIFICATIÓN EN ESPAÑOL, VISITE NUESTRO SITIO DE INTERNET. 

2

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 43 of 53
EXCLUDING YOURSELF FROM THE SETTLEMENT .................................................................PAGE 6

11. If I exclude myself, can I get anything from the settlement? 

12. If I don’t exclude myself, can I sue later?

13. How do I get out of the settlement? 

OBJECTING TO THE SETTLEMENT.......................................................................................PAGE 7

14. How do I tell the Court I don’t like the proposed settlement?

OBJECTION AND OPT-OUT DIFFERENCES ............................................................................PAGE 8

15. What’s the difference between objecting and excluding? 

THE LAWYERS REPRESENTING YOU ......................................................................................PAGE 8 

16. Do I have a lawyer in the case? 

17. How will the costs of the lawsuit and settlement be paid? 

THE COURT’S FAIRNESS HEARING .........................................................................................PAGE 9 

18. When and where will the Court decide whether to approve the settlement? 

19. Do I have to come to the hearing? 

20. May I speak at the hearing? 

IF YOU DO NOTHING ........................................................................................................................PAGE 9 

21. What happens if I do nothing at all? 

GETTING MORE INFORMATION ............................................................................................PAGE 10 

22. How do I get more information? 

QUESTIONS? CALL 1-877-452-8477 OR VISIT www.FerraraCandySettlement.com 

PARA UNA NOTIFICATIÓN EN ESPAÑOL, VISITE NUESTRO SITIO DE INTERNET. 

3

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 44 of 53
BASIC INFORMATION 

 1. Why was this notice issued? 

A Court authorized this notice because you have a right to know about the proposed settlement in this 

class action lawsuit, and about all of your options, before the Court decides whether to give “final 

approval” to the settlement. This notice explains the lawsuit, the settlement, and your legal rights. 

The case is known as Iglesias vs. Ferrara Candy Co., United States District Court for the Northern District 

of California, Case No. 3:17-cv-00849-VC (the “Action”). The person who sued is called the Plaintiff. The 

company he is suing, Ferrara Candy Co., is called the Defendant. 

 2. What is the lawsuit about? 

On February 21, 2017, the Plaintiff filed a legal action on behalf of himself and all others similarly situated 

alleging that he relied on allegedly oversized packaging of the Settlement Class products, and that such 

packaging violates state and federal packaging laws and state consumer protections laws (including 

California’s False Advertising Law (“FAL”), Cal. Bus. & Prof. Code § 17500, et. seq., California’s Unfair 

Competition Law (“UCL”), Cal. Bus. & Prof. Code § 17200, et. seq., and California’s Consumers Legal 

Remedies Act (“CLRA”), Civil Code § 1750, et seq.), and that as a direct result of such violations Plaintiff 

has been economically injured. 

Defendant denies any wrongdoing or liability arising out of any of the facts or conduct alleged in the 

Action and believes that it has valid defenses to the allegations. The Court has not decided that 

Defendant did anything wrong, and the settlement does not mean Defendant broke the law. Both the 

Plaintiff and Defendant believe that the settlement is fair, adequate, and reasonable and that it is in the 

best interests of the Settlement Class. 

 3. Why is this a class action? 

In a class action one or more people called “Class Representatives” (in this case, Thomas Iglesias) sue 

on behalf of people who have similar claims. All of these people or entities are a “Class” or “Class 

Members.” One court resolves the issues for all Class Members, except for those who exclude 

themselves from the Class. 

 4. Why is there a settlement? 

Both sides agreed to the settlement to avoid the cost and risk of further litigation and trial. The settlement 

does not mean that any law was broken. Defendant denies all of the legal claims in this case. The Class 

Representatives and the lawyers representing them think the settlement is best for all Class Members. 

QUESTIONS? CALL 1-877-452-8477 OR VISIT www.FerraraCandySettlement.com 

PARA UNA NOTIFICATIÓN EN ESPAÑOL, VISITE NUESTRO SITIO DE INTERNET. 

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Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 45 of 53
WHO IS IN THE SETTLEMENT?

To see if you are affected or if you can get benefits, you first have to determine whether you are a 

Settlement Class member. 

 5. How do I know if I am part of the settlement? 

You are a member of the Settlement Class if you purchased for personal consumption, and not for resale, one or more cardboard boxes of Jujyfruits®, Jujubes®, Now & Later®, Lemonhead®, Applehead®, 

Cherryhead®, Grapehead®, RedHots®, Trolli®, Chuckles®, Black Forest®, Jawbuster®, Jawbreaker®, 

Brach’s®, Boston Baked Beans®, Super Bubble®, Rainblo®, or Atomic Fireball candy, or any flavors or 

varieties of them, in the United States between February 21, 2013 and June 21, 2018. This time period is 

referred to as the “Class Period”. Excluded from the Settlement Class are any officers, directors, or 

employees of Defendant, and the immediate family member of any such person. Also excluded is any 

judge presiding over this case. 

6. I’m still not sure if I’m included in the settlement.

If you are not sure whether you are included in the Class, call 1-877-452-8477 or go to

www.FerraraCandySettlement.com.

THE SETTLEMENT BENEFITS—WHAT YOU GET 

 7. What does the settlement provide? 

The parties have agreed to make available a total Common Fund of two million five hundred thousand 

dollars ($2,500,000) for payment of Valid Claims. Class Members who submit a Valid Claim may receive 

a benefit from the Claim. Class Members who do not have a purchase receipt, and who submit a Valid 

Claim, will be entitled to a maximum refund of fifty cents ($0.50) per box for up to fifteen (15) boxes, 

totaling seven dollars and fifty cents ($7.50). These amounts will be increased proportionally (pro rata) if 

the total amount of claims does not exhaust the available settlement funds. These amounts will be 

reduced proportionally (pro rata dilution) if the total amount of claims exceeds the available settlement 

funds. Settlement Class Members who submit a Valid Claim without a purchase receipt will not be entitled 

to any other refunds. Class Members with proof of purchase may submit a claim for fifty cents ($0.50) per 

box for each Settlement Class Product purchased. 

Additionally, Defendant has agreed to modify its fill level quality control procedures and target fill levels. 

The parties have further agreed that the costs to administer this Settlement will be paid from the Common 

Fund, that Class Counsel may request reasonable attorneys’ fees not to exceed thirty (30%) of the

Common Fund, plus reimbursement of reasonable costs and expenses upon Court approval, and that the 

named plaintiff may apply for an enhancement award of five thousand dollars ($5,000) from the Court. 

To make a Valid Claim, Class Members must provide purchase receipts documenting proof of purchase, 

or provide information, signed under penalty of perjury, relating to their purchase of Settlement Class 

Products, including where the purchase took place, the quantity purchased, and the approximate dates of 

purchase. Class Members with proof of purchase may submit a claim for fifty cents ($0.50) per box of 

each Settlement Class Product purchased. Class Members who submit a Valid Claim without purchase 

receipts will be entitled to a maximum reimbursement of fifty cents ($0.50) per box up to fifteen (15) 

boxes, totaling up to seven dollars and fifty cents ($7.50). These amounts will be increased proportionally 

(pro rata) if the total amount of claims does not exhaust the available settlement funds. These amounts 

will be reduced proportionally (pro rata dilution) if the total amount of claims exceeds the available 

settlement funds. Instructions for submitting a Claim are included in Section 9 below. 

More details are in a document called the Settlement Agreement, which is available at

www.FerraraCandySettlement.com.

QUESTIONS? CALL 1-877-452-8477 OR VISIT www.FerraraCandySettlement.com 

PARA UNA NOTIFICATIÓN EN ESPAÑOL, VISITE NUESTRO SITIO DE INTERNET. 

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Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 46 of 53
 8. What am I giving up in exchange for the settlement benefits? 

If the settlement becomes final, Class Members will be releasing Defendant and all related people and 

entities for all the claims described and identified in Section 6 of the Settlement Agreement (called the 

“Class Released Claims”). The Settlement Agreement is available at www.FerraraCandySettlement.com.

The Settlement Agreement describes the Class Released Claims with specific descriptions, in necessarily 

accurate legal terminology, so read it carefully. You can talk to one of the lawyers listed below for free or 

you can, of course, talk to your own lawyer if you have questions about the released claims or what they 

mean. 

HOW TO GET A CASH PAYMENT—SUBMITTING A VALID CLAIM FORM 

 9. How can I get a cash payment? 

To ask for a cash payment you must complete and submit a Valid Claim Form along with the required 

supporting documentation, if you have it. You can get a Claim Form at 

www.FerraraCandySettlement.com. You may also submit your claim via the website. The Claim Form 

describes what you must provide to prove your claim and receive a cash payment and generally requires 

information, provided by you under penalty of perjury, on where any purchases took place, the quantity of 

Settlement Class Products purchased, and the approximate dates of purchase. Please read the 

instructions carefully, fill out the Claim Form, and either submit it online at 

www.FerraraCandySettlement.com or mail it postmarked no later than, September 20, 2018 to: 

Ferrara Candy Claims Administrator 

Digital Settlement Group, LLC 

8001 Broadway, Suite 200 

Merrillville, IN 46410 

The Settlement Administrator may seek additional information to validate the Claim Form and/or 

disqualify an invalid claim. If you provide incomplete or inaccurate information, your claim may be denied. 

 10. When will I get my check? 

Checks will be mailed to Class Members who send in Valid Claim Forms on time, after the Court grants 

“final approval” of the settlement, and after the time for appeals has ended and any appeals have been 

resolved. If the judge approves the settlement after a hearing on October 18, 2018 (see the section “The 

Court’s Fairness Hearing” below), there may be appeals. Resolving these appeals can take time. Please 

be patient. 

EXCLUDING YOURSELF FROM THE SETTLEMENT 

If you want to keep the right to sue or continue to sue Defendant over the legal issues in this case, you 

must take steps to get out of the settlement. This is called asking to be excluded from—sometimes called 

“opting out” of—the Class. 

QUESTIONS? CALL 1-877-452-8477 OR VISIT www.FerraraCandySettlement.com 

PARA UNA NOTIFICATIÓN EN ESPAÑOL, VISITE NUESTRO SITIO DE INTERNET. 

6

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 47 of 53
 11. If I exclude myself, can I get anything from the settlement? 

If you ask to be excluded, you will not get a cash payment, and you cannot object to the settlement. But 

you may be part of a different lawsuit against Defendant in the future. You will not be bound by anything 

that happens in this lawsuit. 

12. If I don’t exclude myself, can I sue later?

No. Unless you exclude yourself, you give up the right to sue Defendant for the claims that this settlement 

resolves. You must exclude yourself from this Class to start or continue your own lawsuit. 

 13. How do I get out of the settlement? 

To opt out from the settlement, you must send a letter by mail saying that you want to be excluded from 

Iglesias v. Ferrara Candy Co., United States District Court for the Northern District of California, Case No. 

3:17-cv-00849-VC. Be sure to include your name, address, telephone number, the approximate date of 

purchase, and your signature. You can’t ask to be excluded at the website or on the phone. You must 

mail your opt out request postmarked no later than September 20, 2018 to: 

Ferrara Candy Claims Administrator 

Digital Settlement Group, LLC 

8001 Broadway, Suite 200 

Merrillville, IN 46410 

Requests to opt-out that do not include all required information and/or that are not submitted on a timely 

basis, will be deemed null, void, and ineffective. Settlement Class Members who fail to submit a valid and 

timely Request for opting out on or before the deadline above shall be bound by all terms of the 

settlement and any Final Judgment entered in this Litigation if the Settlement is approved by the Court, 

regardless of whether they ineffectively or untimely requested exclusion from the settlement. 

OBJECTING TO THE SETTLEMENT 

14. How do I tell the Court I don’t like the proposed settlement?

To object to the settlement, you or your attorney must file a written objection to the Court in the Action 

showing the basis for your objections. Your objection must contain the following information: (i) your 

name, address, and telephone number, (ii) the name, address, and telephone number of any attorney you 

have hired with respect to the objection; (iii) the factual basis and legal grounds for your objection, 

including any documents sufficient to establish your purchase of the Settlement Class Products at issue 

in this case e.g., receipt, or verification under oath as to the approximate date(s) and location(s) of the 

purchase(s) of the Settlement Class Products; and (iv) identification of the case name, case number, and 

court for any prior class action lawsuit in which you or your attorney has objected to a proposed class 

action settlement, the general nature of such prior objection(s), and the outcome of said prior objection(s). 

You must also send a copy of your objection to the Court at the following address: Office of the Clerk of 

Court; United States District Court; 450 Golden Gate Avenue; San Francisco, California 94102-3489. 

QUESTIONS? CALL 1-877-452-8477 OR VISIT www.FerraraCandySettlement.com 

PARA UNA NOTIFICATIÓN EN ESPAÑOL, VISITE NUESTRO SITIO DE INTERNET. 

7

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 48 of 53
You or your lawyer may, but are not required to, appear at the Final Approval Hearing. If you or your 

lawyer wish to appear at the Final Approval Hearing, you must file with the Court a Notice of Intention to 

Appear along your written objection. You must file your written objections by certified mail or in person, 

along with any other supporting materials to: Office of the Clerk of Court; United States District Court; 450 

Golden Gate Avenue; San Francisco, California 94102-3489. Your written objection must be marked with 

the Case name and Case Number (Thomas Iglesias v. Ferrara Candy Co., United States District Court for 

the Northern District of California, Case No. 3:17-cv-00849-VC). In addition, you must also send copies of 

all documents you file with the Court to: 

Ryan J. Clarkson 

Shireen M. Clarkson 

Bahar Sodaify 

Clarkson Law Firm, P.C. 

9255 Sunset Boulevard, Suite 804 

Los Angeles, CA 90069 

and

Michael J. Shephard and Chris Mitchell 

Hogan Lovells US LLP 

3 Embarcadero Center, Suite 1500 

San Francisco, CA 94111 

The Court will only require substantial compliance with the requirements for submitting an objection. 

OBJECTION AND OPT-OUT DIFFERENCES 

15. What’s the difference between objecting and opting out?

Objecting is simply telling the Court that you don’t like something about the settlement. You can object 

only if you stay in the Class. If you stay in the Class, you will be legally bound by all orders and 

judgments of the Court, and you won’t be able to sue, or continue to sue, Ferrara as part of any other 

lawsuit involving the same claims that are in this lawsuit. Opting out is telling the Court that you don’t 

want to be part of the Class. If you opt out, you have no basis to object because the case no longer 

affects you.

THE LAWYERS REPRESENTING YOU

 16. Do I have a lawyer in the case? 

The Court has designated the lawyers at Clarkson Law Firm, P.C., 9255 Sunset Boulevard, Suite 804, 

Los Angeles, CA 90069 to represent you as “Class Counsel”. You will not be charged for these lawyers. If 

you want to be represented by another lawyer, you may hire one to appear in Court for you at your own 

expense. 

 17. How will the costs of the lawsuit and settlement be paid? 

The Settlement Administrator’s and Notice Provider’s costs and fees associated with administering the 

Settlement, including all costs associated with the publication of the Notice of Settlement will be paid out 

of the Common Fund and shall not exceed five hundred twenty-two thousand dollars ($522,000), plus 

postage. Class Counsel’s reasonable attorneys’ fees and costs related to obtaining the settlement 

consistent with applicable law will also be paid out of the Common Fund, subject to Court approval. 

QUESTIONS? CALL 1-877-452-8477 OR VISIT www.FerraraCandySettlement.com 

PARA UNA NOTIFICATIÓN EN ESPAÑOL, VISITE NUESTRO SITIO DE INTERNET. 

8

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 49 of 53
The named plaintiff will also request that the Court approve a payment to him of up to Five Thousand 

Dollars ($5,000) from the Common Fund, as an incentive award for his participation as the Class 

Representative, for taking on the risk of litigation, and for settlement of his individual claims as Class 

Member in this Action. These amounts are subject to Court approval and the Court may award less than 

these amounts. 

THE COURT’S FAIRNESS HEARING 

The Court will hold a hearing to decide whether to approve the settlement. If you have filed an objection 

on time, you may attend and you may ask to speak, but you don’t have to.

 18. When and where will the Court decide whether to approve the settlement? 

The Court will hold a Fairness Hearing at 10:00 a.m. on October 18, 2018, at United States District Court 

for the Northern District of California. The hearing may be moved to a different date or time without 

additional notice, so please check for updates at www.FerraraCandySettlement.com. At this hearing the 

Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the 

Court will consider them. The judge will only listen to people who have filed a written objection. The Court 

will also decide how much to pay the Class Representatives and the lawyers representing Class 

Members. After the hearing, the Court will decide whether to approve the settlement. We do not know 

how long these decisions will take. 

 19. Do I have to come to the hearing? 

No. Class Counsel will answer any questions the judge may have. But, you are welcome to come at your 

own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as you 

mailed your written objection on time, the Court will consider it. If you have sent an objection but do not 

come to the Court hearing, however, you will not have a right to appeal an approval of the settlement. 

You may also pay another lawyer to attend on your behalf, but it’s not required.

 20. May I speak at the hearing? 

You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter 

saying that it is your “Notice of Intent to Appear” in the Iglesias v. Ferrara Candy Co. litigation. Be sure to 

include your name, address, telephone number, and your signature as well as the name, address and 

telephone number of any lawyer representing you (if applicable). Your Notice of Intent to Appear must be 

postmarked no later than September 20, 2018, and be sent to the addresses listed in Questions 13 and 

14. You cannot speak at the hearing if you excluded yourself from the Class. 

IF YOU DO NOTHING 

 21. What happens if I do nothing at all? 

If you are a Class Member and do nothing, you will not receive a payment from this settlement. And, 

unless you exclude yourself, you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any 

other lawsuit against Defendant about the claims in this case, ever again. 

QUESTIONS? CALL 1-877-452-8477 OR VISIT www.FerraraCandySettlement.com 

PARA UNA NOTIFICATIÓN EN ESPAÑOL, VISITE NUESTRO SITIO DE INTERNET. 

9

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 50 of 53
GETTING MORE INFORMATION 

 22. How do I get more information? 

This notice summarizes the proposed settlement. More details are in the Settlement Agreement. You can 

get a copy of the Settlement Agreement, download a Claim Form and review additional case information 

at www.FerraraCandySettlement.com. You may also call toll-free 1-877-452-8477.

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE 

TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS. 

DATED: June 21, 2018 BY ORDER OF THE UNITED STATES DISTRICT 

COURT FOR THE NORTHERN DISTRICT OF 

CALIFORNIA

QUESTIONS? CALL 1-877-452-8477 OR VISIT www.FerraraCandySettlement.com 

PARA UNA NOTIFICATIÓN EN ESPAÑOL, VISITE NUESTRO SITIO DE INTERNET. 

10 

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 51 of 53
EXHIBIT 

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 52 of 53
BY ORDER OF THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

 

LEGAL NOTICE 

IF YOU PURCHASED A CARDBOARD BOX OF JUJYFRUITS®, JUJUBES®, NOW & LATER®, 

LEMONHEAD®, APPLEHEAD®, CHERRYHEAD®, GRAPEHEAD®, REDHOTS®, TROLLI®, 

CHUCKLES®, BLACK FOREST®, JAWBUSTER®, JAWBREAKER®, BRACH’S®, BOSTON 

BAKED BEANS®, SUPER BUBBLE®, RAINBLO®, OR ATOMIC FIREBALL CANDY, OR ANY 

FLAVORS OR VARIETIES OF THOSE CANDIES, BETWEEN FEBRUARY 21, 2013 AND JUNE 21, 

2018, THEN YOU COULD BE ENTITLED TO MONEY FROM A CLASS ACTION SETTLEMENT 

Iglesias v. Ferrara Candy Co., United States District Court for the Northern District of California 

Case No. 3:17-cv-00849-VC

WHAT IS THIS NOTICE ABOUT? 

A lawsuit is pending in the United States District Court for 

the Northern District of California, (the “Litigation”) that 

may affect your rights. The Litigation claims that Ferrara 

Candy Co. (“Defendant”) deceptively packaged its 

Jujyfruits®, Jujubes®, Now and Later®, Lemonhead®, 

Applehead®, Cherryhead®, Grapehead®, RedHots®, 

Trolli®, Chuckles®, Black Forest®, Jawbuster®, 

Jawbreaker®, Brach’s®, Boston Baked Beans®, Super 

Bubble®, Rainblo®, Atomic Fireball®, and any flavors and 

varieties of those candy products (“Settlement Class 

Products”) in oversized packaging with nonfunctional empty 

space. The Court did not rule in favor of Plaintiff or 

Defendant. Instead, the parties agreed to a proposed 

settlement. 

AM I A MEMBER OF THE CLASS? 

The class is defined as all persons residing in the United 

States who purchased one or more of the Settlement Class 

Products between February 21, 2013 and June 21, 2018. 

WHAT DOES THE SETTLEMENT PROVIDE? 

Subject to Court approval, the settlement provides cash 

payments based on the number of Settlement Class Products 

purchased. Class members with proof of purchase may 

submit a claim for 50 cents per box for each Settlement 

Class Product purchased. Class members without proof of 

purchase may submit a claim for up to $7.50. These 

amounts will be increased proportionally (pro rata) if the 

total amount of claims does not exhaust the available 

settlement funds. These amounts will be reduced 

proportionally (pro rata dilution) if the total amount of 

claims exceeds the available settlement funds. The 

settlement also provides for modification of Defendant’s fill 

level quality control procedures and target fill levels. 

WHAT ARE MY RIGHTS? 

You have a choice of whether to stay in the Class or not, and 

you must decide this now. 

1. You Can Accept the Settlement. Class Members who 

wish to receive a Cash Payment must submit claims by 

September 20, 2018. You can file a Claim Form at 

www.FerraraCandySettlement.com. Read the instructions 

carefully, fill out the form, and submit it online on or before 

September 20, 2018. Alternatively, you may also submit a 

Claim Form by mailing it to the following address: Digital 

Settlement Group, LLC; 8001 Broadway, Suite 200; 

Merrillville, IN 46410. It must be postmarked no later than 

September 20, 2018. If you fail to submit a timely Claim 

Form and do not exclude yourself from the settlement, then 

you will be bound by the settlement but will not receive a 

Cash Payment. If you stay in the Class, you will be legally 

bound by all orders and judgments of the Court, and you 

won’t be able to sue, or continue to sue, Ferrara as part of 

any other lawsuit involving the same claims that are in this 

lawsuit. 

2. You Can Object to the Settlement. You can ask the Court 

to deny approval by filing an objection with the Court. You 

can’t ask the Court to order a larger settlement; the Court can 

only approve or deny the settlement. If the Court denies 

approval no settlement payments will be sent out and the 

lawsuit will continue. If that is what you want to happen, you 

must object. You may hire your own lawyer to appear in 

Court for you if you wish; however, if you do, you will be 

responsible for paying that lawyer on your behalf. Objections 

to the proposed settlement will be considered by the Court 

only if such objections are filed in writing and mailed by 

September 20, 2018 to the Office of the Clerk of Court; 

United States District Court; 450 Golden Gate Avenue; San 

Francisco, California 94102-3489 and also mailed to counsel 

for the parties. Objections must clearly state your name, 

address, telephone number, the name of this Litigation, the 

factual and legal grounds for your objection, the name, 

address and telephone number of any attorney representing 

you in this case and any case in which you or your attorney 

has objected to a class action settlement previously and the 

result of that objection. The Court will only require 

substantial compliance with the requirements for submitting 

an objection. 

3. You Can “Opt Out” of the Settlement. If you exclude 

yourself from the Class – which is sometimes called 

“opting-out” of the Class – you won’t get a payment from 

the settlement but won’t be barred from asserting claims 

against Defendant in a separate lawsuit. Such notice shall 

include your name, address, telephone number, and 

signature and a statement that you want to be excluded from 

the lawsuit Iglesias v. Ferrara Candy Co., United States 

District Court for the Northern District of California, Case 

No. 3:17-cv-00849-VC. Send the written notice to Digital 

Settlement Group, LLC; 8001 Broadway, Suite 200; 

Merrillville, IN 46410 by September 20, 2018.

THE FAIRNESS HEARING 

On October 18, 2018, at 10:00 am, the Court will hold a 

hearing at the United States District Court for the Northern 

District of California to approve: (1) the proposed settlement 

as fair, reasonable, and adequate; and (2) the application for 

Plaintiff’s attorneys’ fees of up to $750,000, plus costs and 

expenses, and payment of up to $5,000 to the named plaintiff. 

Class Members who support the proposed settlement do not 

need to appear at the hearing or take any other action to 

indicate their approval. 

HOW CAN I GET MORE INFORMATION? 

This is only a summary of the settlement. If you have 

questions or want to view the detailed notice or other 

documents about this lawsuit, including the Settlement 

Agreement, you may visit FerraraCandySettlement.com or 

contact Class Counsel at info@clarksonlawfirm.com, or call 

the Settlement Administrator at 1-877-452-8477.

Case 3:17-cv-00849-VC Document 72-4 Filed 05/10/18 Page 53 of 53