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If you bought Shape Up! Products,
you could benefit from a class action settlement.
Call (888) 212-5570 to get a Claim Form.
A California state court authorized this notice. This is not a lawyer's solicitation
WHAT IS THIS NOTICE ABOUT?
A proposed settlement has been reached in a class
action lawsuit relating to Shape Up! Products. The
settlement will provide benefits to people who bought
Shape Up! Supplements on or before July 1. 2006.
If you qualify, you may: submit a Claim Form to get
benefits: exclude yourself: or object. If you only
purchased Shape Up! Bars and Shakes, you are a
Class Member, but you will not receive personal
benefits: instead your benefits will go to Court
approved charities. This Notice is only a
summary. The Settlement Agreement, posted at
www.shaoeuosettlement.com. contains the
complete terms of the proposed settlement.
WHAT ARE SHAPE UP! PRODUCTS AND HOW WERE
THEY USED?
Defendant CSA Nutraceuticals. GF? ILC ("CSAN")
began selling Shape Up! Products in 2003. These
products include the Shape Up! Apple, Pear, and
Intensifier Supplements and Shape Up! Complete
Nutrition Bars and Complete Nutrition Shakes
(consisting of shake mixes and ready-to-drink
shakes). Shape Up! Products were sold nationwide.
WHAT IS THIS CASE ABOUT?
Consumers filed a class action on behalf of all U.S.
residents who purchased Shape Up! Products,
including Supplements. Bars and Shakes. The
representative Plaintiffs allege that Defendants
CSAN and Philip C. McGraw made material
misrepresentations concerning Shape Up!
Products. Defendants' position is that the Shape
Up! Products were accurately described, that
Defendants acted properly, and that McGraw did
not receive any money from the sale of the products
as his endorsement fee was paid directly to charity.
The settlement is not an admission of wrongdoing
or an indication that any law was violated. The
Court did not reach any decision regarding the case
or make any determination about the strengths or
weaknesses of the parties' contentions.
WHAT ARE THE TERMS OF THE SETTLEMENT?
A fluid recovery fund will be established consisting
of $6.0 million in product (Nutrilite® Daily
Multivitamin Multimineral, 6-month supply) and
$4.5 million in cash (the "Fund") for the benefit of
Settlement Class members. McGraw will have no
personal obligation to provide any cash or product
required for the Fund. Purchasers of Shape Up!
Supplements can claim cash or product, but not
both. All administrative costs of the settlement.
Plaintiffs' attorneys' fees, Plaintiffs' incentive
awards and purchasers' cash reimbursement
claims shall be paid out of the $4.5 million cash
portion of the Fund.
(888) 212-5570 www.shapeupsettlement.com
WHAT ARE MY RIGHTS?
To receive cash or product under the settlement,
you must postmark and mail a Claim Form on or
before January 22, 2007. For each box of Shape
Up! Supplements purchased up to a maximum of
four boxes, you can get a distribution of either:
(i) two bottles of Nutrilite® Daily Multivitamin
Multimineral, six-month supply, suggested retail
price totaling $83.20: or (ii) $12.50 in cash. The
court will reduce payments if there are more claims
than cash or product available for distribution.
Cash and/or product remaining after claims are
paid will be donated to charitable organization(s).
If you do NOT want to remain part of the Settlement
Class, you may exclude yourself ("opt-out") by
postmarking and mailing a written request, postage
prepaid, on or before November 28, 2006.
If you wish to object to the settlement you must do
so on or before November 28, 2006. A detailed
notice, posted at www.shapeuDsettlement.com or
available by calling (888) 212-5570. explains the
requirements to exclude yourself, object, or submit
a Claim Form.
You may contact counsel before deciding whether
or not to participate. The Settlement Website
www.shaoeuosettlement.com identifies Plaintiffs'
Class Counsel. A Final Approval Hearing, when the
Court will consider the adequacy and fairness
of the settlement and any application for payment
of attorneys' fees of up to $2.5 million for
investigating the facts, litigating and negotiating
the settlement, plaintiffs' incentive awards, and
the validity of certain requests for exclusion has
been scheduled for December 15, 2006 at
8:00 a.m., 600 S. Commonwealth Ave., Dept. 324,
Los Angeles, CA 90005. To appear at the Final
Approval Hearing, you must, no later than
November 28. 2006. file with the Court and
postmark and mail to the address below a written
notice of intention to appear together with
supporting papers including a detailed statement
of the specific objections or contentions made.
HOW DO I GET MORE INFORMATION?
Call (888) 212-5570, visit the Settlement Website
address: www.shapeuosettlement.com. or write to
Shape Up! Litigation Settlement, c/o The Garden
City Group, Inc., P.O. Box 91177, Seattle, WA
98111-9277, for more information. You may also
seek advice and guidance from your own attorney
at your expense.
PLEASE DO NOT WRITE OR CALL THE COURT
FOR INFORMATION ABOUT THE PROPOSED
SETTLEMENT OR THIS LAWSUIT.
(Continued from page 14)
Smith’s high-flying career launched in 1970 when he joined
a traveling circus as a catcher in a trapeze act. Ambitious to
star as a solo act, he designed and perfected a human-launching
cannon in his spare time.
In 1975, he took to the air, performing his first show in
Saginaw, Mich. Since rhen he's meticulously recorded the angles,
humidity, distance and temperature of thousands of his shots.
"The gun is very accurate," he says. "Given certain conditions,
I can go right where I want." Of course, that doesn't mean it's
not dangerous. “I have just the length of the barrel to accelerate
enough to go the distance I want. There’s enough power to turn
me into peanut butter if anything went wrong."
Smith’s daughter, Jennifer Schneider, of Boliver, Mo. (pop.
9,143), grew up watching her father perform as the human
cannonball at corporate conventions, fairs and amusement
parks. “It was just what my dad was,” she says. “I didn't think
it was strange until I was older. Then I did it too.” Schneider,
who goes by the nickname “Cannon Lady,” is among three of
Smith's 10 children who are professional cannonballs, using
cannons built by Smith.
The family performs together for special events such as
appearances on the Today Show and The Tonight Show with Jay
Lena. Otherwise, their separate careers take them around the
world. Jennifer, 32, works at motocross events in the United
States; Stephanie, 28, stars in Australia as "Lady Cannon;” and
“I enjoy
making
people
happy.”
* V
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Discuss This Article Online! I
Dave Smith Jr., known as “The Bullet," has blasted across the
Grand Canyon and often performs in the Middle East.
In 1998, both father and son broke the 1940 record for the
longest human cannonball flight, launching simultaneously
in Pennsylvania's Kennywood Park. Dave Jr. landed first at
just over 181 feet, besting the 1940 record by 7 inches. A split
second later, Dave Sr. outdistanced his son with a 185-foot,
10-inch flight, which stands as the world record.
“I live for those kind of moments,” the elder Smith says.
When he's not performing, Smith usually can be found at his
Missouri farm, where his barn holds farming equipment, as well
as a trampoline, trapeze and a gym for off-season training.
“I'm doing something I like,” he says. “A lot of people can’t
do that. I won’t stop until I keel over.”
Vicki Cox is a freelance writer in Lebanon. /VI o.
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Page 16
Smith designed his
33-foot long, star
spangled cannon.
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