If you do not find an answer to your question below, click here to contact us.
You may have received a Court-authorized Notice because you may be a Class Member in a proposed Settlement regarding the number of bottles that can be made from the container for certain Abbott Laboratories brand formula products.
The Notice explains the nature of the lawsuit and the Claims being settled, your legal rights, and the proposed benefits to the Class.
Judge John D. Beger, of the Circuit Court of Phelps County, Missouri is overseeing this class action lawsuit. The case is known as Ramsey-Standage v. Abbott Laboratories, No. 22PH- CV00853. The person who brought the lawsuit is called the “Plaintiff,” and the company she sued is called the “Defendant.”
Plaintiff Hannah Ramsey-Standage filed a lawsuit against Defendant Abbott Laboratories, individually and on behalf of anyone who purchased certain of Abbott Laboratories’ manufactured infant formula Products, including certain Similac and other branded formulas, for personal use between June 24, 2016, and September 22, 2022.
The Plaintiff alleges in the lawsuit that (i) the Label on certain infant formula Products manufactured by Abbott Laboratories states that the Products are capable of making a specified number of liquid 4-ounce bottles of formula, and (ii) the Products do not always yield the represented number of 4-ounce bottles of liquid formula when consumers follow the “Instructions for Preparation & Use” on the Label. Accordingly, the Plaintiff alleges that the Products were inaccurately Labeled.
Defendant Abbott Laboratories denies the Plaintiff’s allegations and denies that it violated any law or caused any harm as alleged in the lawsuit. Abbott Laboratories asserts that its Labeling and marketing is truthful and entirely accurate, and its Products yield the number of 4-ounce bottles of liquid formula represented on the Label, but Abbott Laboratories has settled this case to avoid further litigation and distraction of resources from its business.
The Court has not decided who is right.
The Court did not decide in favor of the Plaintiff or Defendant. Instead, both sides agreed to settle this case to avoid the costs, disruption, and risk of further litigation.
The Plaintiff, Class Representatives, Defendant, and their attorneys believe the proposed Settlement is fair, reasonable, and adequate, and is therefore in the best interest of the Class Members.
Full details about the proposed Settlement can be found in the Settlement Agreement.
You are included in the Settlement as a Class Member if you live in the United States and you purchased in the United States any of the specified Abbott Laboratories Products (for personal use only) from June 24, 2016, through September 22, 2022.
If you are not sure whether you are in the Class, or have any other questions about the Settlement, visit www.anservingsettlement.com, or write with questions to Ramsey-Standage v. Abbott Laboratories, c/o Kroll Settlement Administration, P.O. Box 225391 New York, NY 10150-5391or call 833-512-2302.
If the proposed Settlement is finally approved by the Court, and after any appeals are resolved, Defendant has agreed to:
1. Business Practices: Make changes to the Label on certain Products.
2. Individual Claims: Class Members are eligible for payments with, or without, Proof of Purchase:
• Tier 1 – Claims without Proof of Purchase: You can get up to $3.00 per Unit purchased, up to a maximum of $15.00 per Household;
• Tier 2 – Claims with Proof of Purchase: You can get up to $3.00 per Unit purchased for which a valid Proof of Purchase has been provided, up to a maximum of $45.00 per Household.
A Settlement Class Member may only make a single Claim under either Tier 1 or tier 2 (but not both), per Household.
The deadline to make a valid claim is 11:59 p.m. Central Time on January 31, 2023.
You must submit a Claim Form, with or without Proof of Purchase, to be eligible to receive any money from the Settlement, if it is approved by the Court. You may complete the Claim Form online or download a Claim Form here. You may also email or call the Settlement Administrator at [email protected] or 833-512-2302 to request a Claim Form. Your Claim Form must be signed under penalty of perjury and postmarked or submitted online no later than 11:59 p.m. Central Time on January 31, 2023.
Unless you exclude yourself (Opt-Out), you will be included in the Settlement if it is approved by the Court. By staying in the Class, you will be eligible to receive monetary benefits provided by the Settlement, to which you may be entitled, and you will release the Defendant from all of the settled Claims in this lawsuit.
This means that you will no longer be able to sue Abbott Laboratories or any other party regarding any of the settled Claims if you are a Class Member and do not timely and properly Exclude yourself (Opt-Out) from the Class.
The settled Claims are any known or unknown Claims that any Class Member may at any time have up to September 22, 2022, arising out of the subject matter giving rise to the Claims in the lawsuit. In addition, Class Members expressly waive and relinquish the provisions of California Civil Code § 1542 (and all other similar provisions of law) to the full extent that these provisions may be applicable to this release. California Civil Code § 1542 provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
The full text of the Settlement Agreement, which includes all the provisions about settled Claims and Releases, is available here.
Possibly. The Class Representatives (Hannah Ramsey-Standage, Kara Rutenbar Hatmaker, and Rita De Lao) will request a Service Award of up to a maximum total amount of $20,000.00 in the aggregate, which shall be apportioned equally among the Class Representatives (up to an amount of $6,500 per Class Representative), to compensate them for their services as Class Representatives and their efforts in bringing the lawsuit. The Court will make the final decision as to the amount, if any, to be paid to each of the Class Representatives.
If you do not want to be part of the Settlement, you must send a written request for exclusion (to Opt-Out). The request to exclude yourself from the Settlement must be made on an individual basis, and received by the Settlement Administrator at the below address on or before 11:59 p.m. on December 14, 2022:
Ramsey-Standage v. Abbott Laboratories
c/o Kroll Settlement Administration LLC
PO Box 225391
New York, NY 10150-5391
The Opt-Out request must contain the requestor’s name, address, the words “I wish to be excluded from the Ramsey-Standage v. Abbott Laboratories Class Action,” and signature.
No, not if you are a Class Member. If you do not exclude yourself (Opt-Out) from the Settlement and the Settlement is finally approved by the Court, you forever give up the right to sue Abbott Laboratories and the Released Parties for all the Claims that this Settlement resolves.
If you submit a valid and timely request to be excluded (Opt-Out), you cannot Object to the proposed Settlement. However, if you ask to be excluded, you may sue or continue to sue Abbott Laboratories or the Released Parties about the same claims resolved by this Settlement in the future. You will not be bound by anything that happens in this lawsuit.
If you are a Class Member, do nothing and the Settlement is finally approved by the Court, you forever give up the right to sue Abbot Laboratories and the Released Parties for the Claims this Settlement resolves.
Lead Class Counsel will apply to the Court for an award of attorneys’ fees and costs of up to $5,850,000. A copy of the Application for Attorneys’ Fees and Costs Award will be available prior to the Fairness Hearing and will be posted here. The Court will make the final decision as to the amounts to be paid to Class Counsel and may award less than the amounts requested in the Application.
If you want to tell the Court that you do not agree with the proposed Settlement, or some part of it, you can submit an Objection explaining why you do not think the Settlement should be approved.
You must deliver your Objection to the Settlement Administrator, Class Counsel, and Abbott Laboratories’ counsel, and file with the Court, a written statement of your Objection(s). Your Objection must include all of the following information:
a) The case name and number, Ramsey-Standage v. Abbott Laboratories, No. 22PH- CV00853 (Phelps County Circuit Court, Missouri);
b) The name, address, telephone number, and, if available, the email address of the Person objecting;
c) The name and address of the lawyer(s), if any, who is representing the Person making the Objection or who may be entitled to compensation in connection with the Objection;
d) A detailed statement of Objection(s), including the grounds for those Objection(s);
e) Copies of any papers, briefs, or other documents upon which the Objection is based;
f) A statement of whether the Person objecting intends to appear at the Final Approval Hearing, either with or without counsel;
g) The identity of all counsel (if any) who will appear on behalf of the Person objecting at the Final Approval Hearing and all Persons (if any) who will be called to testify in support of the Objection;
h) A statement of his/her membership in the Settlement Class, including all information required by the Claim Form;
i) The signature of the Person objecting, in addition to the signature of any attorney representing the Person objecting in connection with the Objection; and
j) A detailed list of any other objection by the Settlement Class Member, or his/her counsel, to any class actions submitted in any court, whether state or otherwise, in the United States in the previous five (5) years. If the Settlement Class Member or their counsel has not objected to any other class action settlement in any court in the United States in the previous five (5) years, they shall affirmatively state so in the written materials provided in connection with the Objection to this Settlement.
You must send a copy of your Objection by First-Class mail, received (not merely postmarked) no later than 11:59 p.m. Central Time December 14, 2022, to:
Clerk of the Court
Phelps County Circuit Court
200 North Main Street
Rolla, MO 65401
In addition, you must mail a copy of your Objection to the Settlement Administrator, Class Counsel and Defense Counsel, received no later than 11:59 p.m. Central Time December 14, 2022, to:
Ramsey-Standage v. Abbott Laboratories
c/o Kroll Settlement Administration LLC
PO Box 225391
New York, NY 10150-5391
David L. Steelman, Esq.
Bryce C. Crowley, Esq.
Steelman Gaunt Crowley
901 Pine Street, Suite 110
Rolla, Missouri 65401
Email: [email protected]
William J. Trach
U. Gwyn Williams
Latham & Watkins LLP
200 Clarendon Street
Boston, MA 02116
Email: [email protected]
If you or your attorney intends to make an appearance at the Fairness Hearing and you have not so indicated in your Objection, you must also deliver, according to the above procedures, no later than December 14, 2022, a Notice of Intention to Appear, and must also file a notice of appearance with the Court no later than December 14, 2022.
If you fail to comply with these requirements, or fail to submit your Objection before the deadline, you will be deemed to have waived all Objections and will not be entitled to speak at the Fairness Hearing.
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.
Excluding yourself (Opting Out) is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you have no basis to Object because the Settlement no longer affects you.
A Court has preliminarily approved the Settlement and will hold a final Fairness Hearing to determine whether to give final approval to the Settlement. The purpose of the Fairness Hearing is for the Court to determine whether the Settlement should be approved as fair, reasonable, adequate, and in the best interests of the Class, and to consider the award of Attorneys’ Fees and Costs to Class Counsel and to consider the request for Service Awards to the Class Representatives. If there are any valid, timely Objections, the Court will consider them and listen to the people who have asked to speak at the hearing, if a request to do so was properly made,
The Court will hold the Fairness Hearing on December 29, 2022 at 9:00 a.m. in the Circuit Court of Phelps County, Missouri. The hearing may be postponed to a different time, date, or location without additional notice, so it is recommended that you periodically check this website for updated information.
No, you are not required to come to the Fairness Hearing. However, you are welcome to attend the hearing at your own expense.
If you submit an Objection, you do not have to come to the hearing to talk about it. As long as you submitted the written objection and it was received on time, the Court will consider it. You also may pay your own lawyer to attend the Fairness Hearing, but that is not necessary.
Yes, you may speak at the Fairness Hearing, but you must ask the Court for permission. To request permission to speak, you must have filed an Objection according to the instructions in FAQ 15, including all of the information required.
You cannot speak at the hearing if you exclude yourself (Opt-Out) from the Settlement.
If you do nothing and the Settlement if finally approved by the Court, you will not get any money from the Settlement, you will not be able to sue for the Claims in this lawsuit, and you release Claims against Defendant and Released Parties.
If you want additional information about this lawsuit, including a copy of the actual Settlement Agreement, the complaint filed in this lawsuit, the Court’s Preliminary Approval Order, Class Counsel’s Application for Attorneys’ Fees and Costs, other pertinent information, and to check the status of the Settlement or if the Settlement has been approved by the Court, please visit this website for updates.
You may also contact the Settlement Administrator at 833-512-2302. To see papers filed with the Court and a history of this lawsuit, you may also visit or call the Clerk’s office at the Phelps County Circuit Court, 200 North Main Street, Rolla, MO 65401; (573) 458-6200. The Clerk will tell you how to obtain the complete file for inspection and copying at your own expense.
PLEASE DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR LITIGATION TO THE CLERK OF THE COURT OR THE JUDGE.