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Legal Nolice _ Legal Notice If You Received an Unsolicited Call or Fax that You Believe Came from an Herbalife Distributor You May Benefit From a Proposed Class Action Settlement A Proposed Settlement has been reached in a class Class Counsel will request fees of $2,331,000. plus action against Herbalife International Inc. and some actual costs, which, if approved, will be deducted from of its distributors. The case is Mrx v. Herbalife. etal.. the Fund. Administrative Costs. Notice Costs and No. 01-C-263M. and it is pending in the Circuit Court approved class representative compensation will also of Ohio County. West Virginia. be deducted from the Fund. What is the lawsuit about? The lawsuit claims that Herbalife distributors initiated unsolicited calls or faxes to promote Herbalife products or business opportunities to persons who did not have a customer or busines relationship with Herbalife or its distributors, in a manner that violated federal telemarketing law. Herbalife and the distributors deny that they did anything wxong. Herbalife also denies that it is legally responsible for the acts or omissions of its independent contractor distributors. Who can make a claim? You may be a Class Member entitled to make a claim if you (a.) received an unsolicited call or fax from an Herbalife distributor (or from Herbalife or a company that provided leads to Herbalife distributors) from July 16.1999 through July 2,2007. and (b.) did not have a customer or business relationship with Herbalife. The call or fax did not have to mention Herbalife by name. What are the terms of the Proposed Settlement? The Herbalife distributors and Herbalife have agreed to create a $7 million Settlement Fund that will be distributed to Class Members. The amount you can get depends on the number of people that file a claim but it will not exceed $75. To make a claim, you must complete and send in a claim form certifying that you received a call or fax as described above. For a Detailed Notice and a Claim Form, Visit: www.tcpasettlement.com Or Write: Herbalife TCPA Class Action Settlement Administrator c/o A.B. Data, Ltd., P.O. Box 170500, Milwaukee, Wl 53217-8091 Amanda Geiger bought these sunglasses to wear on spring break. She wore them only once before she was killed by a drunk driver. Friends Don’t Let Friends Drive Drunk. Photo by Mchaoi Mazcao © U&Owlieil of T»an«portaMon What are my rights? You can make a Claim 10 gel money from the Settlement Fund. All Claim forms must be postmarked no later than November 13.2007. If you do not want to be a member of the Class, you must send a letter and ask to be excluded. Your request must be postmarked no later than November 13,2007. If you do not exclude yourself, you agree never to sue Herbalife or its distributors in the future for the claims covered by the Proposed Settlement. You can tell the Court if you do not like this Proposed Settlement or some part of it if you do not exclude yourself. To object or comment, you must send a letter that is mailed and postmarked no later than November 13,2007. You may also hire your own lawyer, at your own cost, to speak for you. The detailed Notice, available below, explains how to exclude yourself or comment on the case. It also explains what rights you are giving up if you stay in the Class. Will the Court approve the Proposed Settlement? The Court will hold a Final Approval Hearing on January 15.2008 at 10:00 a.m. to consider whether the Proposed Settlement is fair, reasonable, and adequate, the motions for attorneys' fees and expenses, and compensation for the Class Representatives. If comments or objections have been received, the Court will consider them at that time. I vi 1 ■ am Ways to ease autumn's annoying allergies Plan ahead to minimize the misery and enjoy the season. I LOVE late sum mer and early fall. The drop in mer cury makes it a great time to be outdoors unless you’re one of the 36 million Ameri cans who suffer from seasonal allergies. If so, then the season probably is filled with sneezing, congestion, a runny nose and itchy eyes instead of observations about nature’s majesty. But it doesn’t have to be that way. I know, be cause I’m one of the allergy sufferers. An effective strat- egy against many allergens is avoidance; by steering deal- of an offending agent, you may stay symptom-free. But rag weed, for example, is a nasty critter. A major cause of hay fever, it grows almost every where, and its pollen particles are tiny and light, so they’re champion floaters. And the smaller and lighter an allergen is, the more likely it is to be spread over a wide area. Accord ing to the American Academy of Aller gy, Asthma & Immunology, one ragweed plant can produce more than a billion particles covering up to 400 miles! So don’t think that because you keep your yard nicely groomed and free of ragweed, you’re home free. Avoiding exposure is difficult, so try changing your tactics. For starters, moni tor the outdoor air. Go to aaaai.org and click on "Pollen Counts” to find out about conditions in your area. That way, you M £22. 10 USA WEEKEND- Sept. 21-23,2007 By DR.TEDD MITCHELL 'S 1 * If i K ' You may not be able to avoid certain allergens, but you can take control of your response to them. this season in the past, you won’t escape ragweed’s wrath again this year. Be proactive. Your individual treat ment strategy will depend on several factors, including the intensity of your symptoms and your own preferences for medical help such as whether you favor pills, inhalers or shots. Eiyoying the outdoors is something more of us should do. Don’t let ragweed get in your way. Now if you’ll excuse me, it’s time for me to get my allergy shot E 3 Tedd Mitchell, M.D., president and medical di rector of Dallas' Cooper Clinic, mites Health Smart every week. Smart can determine which days may be better for gardening, exer cise and other out door activities. Next, develop a strategy in consulta tion with your doc tor. Too many people wait until the onset of symptoms before doing something to ease the irritation (my wife will tell you I’ve been guilty of that). If you w"ait un- j til you feel lousy be-: fore you start re-i ceiving treatment, it! will take a period of I “catch up” before you begin to feel better. So don’t delay. Fall comes around every year, and rag weed comes with it Don’t think for a second that, some how, this year you won’t get sick. Although I do believe in miracles, chances are that if you’ve been miserable during AAHON Mr COY, BOTANIC A/JUWTFH IMAGES