Waiora NCD Lawsuit Settlement- Members of the Class

(continued from page 1)

  1. MEMBERS OF THE CLASS

In this action, there is a single Settlement Class consisting of all persons who directly purchased from Waiora at least one (1) bottle of the original formulation of a product known as Natural Cellular Defense (“NCD”) with a label stating that it contained 2400mg of Zeolite at any time between April 2008 and October 2011, as reflected within the books and records of Waiora, LLC. This size of the Settlement Class is currently estimated at approximately 79,652 individuals. Excluded from this Settlement Class are: (a) Defendants’ employees, officers, directors, agents and legal representatives; (b) persons who validly exclude themselves from the Settlement Class by requesting exclusion in accordance with the terms of the Notice described herein below; (c) members of the immediate family of each of the Defendants named in the Litigation that are not corporate entities; and (d) any person, firm, trust, corporation, company, officer, director, member, or other individual or entity in which Waiora, LLC has a controlling interest.

  1. TERMS OF THE PROPOSED SETTLEMENT

Settlement of this Litigation provides that members of the Settlement Class who directly purchased from Waiora at least one (1) bottle of the original formulation of a product known as Natural Cellular Defense (“NCD”) with a label stating that it contained 2400mg of Zeolite at any time between April 2008 and October 2011, as reflected within the books and records of Waiora, LLC, shall be entitled to receive a free “3 pack,” consisting of three (3) bottles of NCD manufactured after October 2011. This will include an option to receive any version of NCD that the individual class member desires (NCD 2 or the original NCD formula). Each Class Member that does not opt out of this class settlement, will receive a voucher redeemable for three (3) bottles of NCD, and will be responsible only for payment of reasonable shipping and handling costs, not to exceed Twelve Dollars ($12.00) per shipment for Class Members in the U.S. or Canada (shipping and handling will vary based on the global location of any particular class member, but under no circumstances will shipping and handling costs exceed $12.00 per person for Class Members in the U.S. or Canada). The current retail value of an NCD “3 pack” is approximately One Hundred and Fifty Dollars ($150.00) or more, and this benefit will be made available to approximately 79,652 NCD purchasers, providing a minimum aggregate benefit to the Settlement Class of approximately Eleven Million Nine Hundred and Forty Seven Thousand and Eight Hundred Dollars ($11,947,800.00).

  1. REASONS FOR SETTLEMENT

The Plaintiffs in this Litigation have been… (continued on page 3)

Download full pdf file

pdf icon Penney-vs-Waiora-Class-Action-Settlement