Rainbow Light Settlement Frequently Asked Questions

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Questions

Answers

1. WHY WAS A NOTICE ISSUED? 

Answer:

A Notice was  issued because a Court has preliminarily approved a Settlement in this lawsuit and your rights may be affected.  This Website explains all of these things.

The group of affected individuals includes: 

(1) All individuals in the United States except California residents who purchased any Rainbow Light Prenatal or Rainbow Light Postnatal products between December 1, 2015 and April 16, 2020; and 

(2) all individuals in the United States who purchased any Rainbow Light Non-Prenatal products and Non-Postnatal products (i.e., all other Rainbow Light vitamins, multivitamins, supplements or other products not specifically labeled as suitable for prenatal or postnatal or lactating mothers)  between December 1, 2015 and April 16, 2020.

Excluded from this group are Governmental entities; subsidiaries, affiliates, officers, employees or directors of Defendants; any Judge in the lawsuit, a member of the Judge's immediate family, or any member of the Court's staff; and any purchases made for the purpose of resale.

Judge Hon. Christopher T. Kolker of the Circuit Court for the 20th Judicial Circuit for the County of St. Clair, Illinois is overseeing this action.  The case is known as Erin Smid et al. v. Nutranext, LLC et al., Case No. 20L0190. The persons who sued, Erin Smid, Brandie Lee, and Stacy Bowland are called the Plaintiffs. The companies they are suing, Nutranext, LLC; Nutranext Business, LLC; Nutranext eHealth, LLC; Rainbow Light Nutritional Systems, LLC; Renew Life Holdings Corporation; Renew Life Formulas, LLC; Everest NeoCell LLC; Nutranext Direct, LLC; and Nature’s Products, Inc., are called the Defendants.

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2. WHAT IS THIS LAWSUIT ABOUT?

Answer:

The lawsuit claims that despite a Website claim that the products were “free of heavy metals,” Rainbow Light Vitamins, Multivitamins and Supplements, (including both prenatal and postnatal vitamins and Non-prenatal and Non-postnatal vitamins) may contain small amounts of naturally occurring heavy metals, including lead, mercury, cadmium, and arsenic. 

Defendants deny Plaintiffs’ allegations.

No decision about whether the Plaintiffs or Defendants are right has been made. Both parties have, however, agreed to a settlement of all claims.

More information on what the lawsuit complains about can be found in the Documents Page of this Website.


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3. WHAT IS A CLASS ACTION?

Answer:

In a class action, one or more people, called Class Representatives, sue on behalf of all people who have similar claims. Together these people are called a Class or Class Members. In this case the Class Representatives are Erin Smid, Brandie Lee, Stacy Bowland.

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4. WHAT DOES THE LAWSUIT COMPLAIN ABOUT?

Answer:

The lawsuit claims that despite a Website claim that the products were “free of heavy metals,” Rainbow Light Vitamins, Multivitamins and Supplements, (including both prenatal and postnatal vitamins and Non-prenatal and Non-postnatal vitamins) may contain small amounts of naturally occurring heavy metals, including lead, mercury, cadmium, and arsenic. 

More information on what the lawsuit complains about can be found in the Documents Page of this Website.


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5. HOW DO THE DEFENDANTS ANSWER?

Answer:

Defendants deny the claims and allegations in the lawsuit.

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6. WHAT ARE THE PLAINTIFFS ASKING FOR ON BEHALF OF THE CLASS?

Answer:

Plaintiffs seek compensation for Defendants’ misrepresentation of the ingredients of its prenatal, postnatal, non-prenatal, and non-postnatal vitamins, multivitamins, supplements and other products.

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7. WHAT ARE THE TERMS OF THE SETTLEMENT?

Answer:

Defendants have agreed to settle this litigation with Plaintiffs and the Settlement Class for up to $6,750,000, inclusive of Attorneys’ Fees and Expenses, in consideration for a release of all claims and of all requests for relief brought or that could have been brought in the lawsuit against Defendants. Individuals who remain a part of the Settlement Class, by either making a Claim or doing nothing, will completely resolve, release, and forever discharge all claims and requests for relief that are or could have been alleged by Plaintiffs concerning the misrepresentation claims alleged in the lawsuit.  The full Settlement Agreement can be found here.

Distributions to Settlement Class Members will be made on a claims-made basis. What this means is that each Settlement Class Member who wishes to receive funds from the Settlement must make a Claim by first registering here then submitting a Claim Form between May 29, 2020 and July 29, 2020.  Claim Forms will be available on this Website during that Claim period. Settlement Class Members may also request that a Claim Form be sent to them by contacting the  Administrator between May 29, 2020 and July 2020  here or by calling 833-930-2421.

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8. IS THERE ANY MONEY AVAILABLE NOW?

Answer:

Yes.  The Court has preliminarily approved the Parties’ Settlement Agreement.  You must first register to file a claim and obtain a Class Member ID.  You must then submit a completed Claim Form using the Class Member ID between May 29, 2020 and July 29, 2020 to claim your portion of the Settlement. If you do not submit a Claim Form and the requested supporting documentation, you will not be able to collect a portion of the Settlement.  Funds will be distributed only if and after the Court has granted Final Approval of the Settlement.

The Court has scheduled a hearing to review the Settlement process and the number of Claims that have been made, as well as the number of people who have opted out of or excluded themselves from the Settlement. The Final Approval Hearing is set for July 29, 2020 at 10:00 a.m., Courtroom 401, St. Clair County Building, 10 Public Sq., Belleville, IL 62220.  At this time the Court will also consider any objections to the Settlement Agreement.


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9. HOW MUCH WILL I RECEIVE?

Answer:

Claimants who do not have Proof of Purchase can recover $4 per bottle for pre-natal and post-natal products and $1 per bottle for non-prenatal and non-postnatal products, subject to a cap of $9.50 per Household. 

Claimants who have and provide Proof of Purchase can recover $7 per bottle for pre-natal and post-natal products and $2 per bottle for non-prenatal and non-postnatal products, subject to a cap of $18 per Household. 

In the event that the total Claims made exceed the aggregate benefit after paying the Notice and Administrative Costs, Attorneys’ Fees and Expenses, and Service Awards, then the individual class benefit will be reduced pro rata.

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10. HOW DO I KNOW IF I AM A PART OF THE CLASS?

Answer:

The Class includes: 

(1) all individuals in the United States except California residents who purchased any Rainbow Light Prenatal or Rainbow Light Postnatal products between December 1, 2015 and April 16, 2020; and 

(2) all individuals in the United States who purchased any Rainbow Light Non-Prenatal products and Non-Postnatal products (i.e., all other Rainbow Light vitamins, multivitamins, supplements or other products not specifically labeled as suitable for prenatal or postnatal or lactating mothers)  between December 1, 2015 and April 16, 2020.

If you are a Governmental entity; subsidiary, affiliate, officer, employee or director of Defendants; any Judge in the lawsuit, a member of the Judge's immediate family, or any member of the Court's staff; or made purchases for the purpose of resale, you are excluded from the Settlement Class.

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11. HOW DO I COLLECT MY SHARE OF THE SETTLEMENT?

Answer:

To collect your share of the Settlement, you must first register to obtain a Class Member ID here. After registering you will receive an email with your Class Member ID. After receiving your Class Member ID, making a claim is easy and you have two options:
First,  you can complete Claim Forms  online between May 29, 2020 and July 29, 2020 with  or without any Proof of Purchase; or
Second, simply print out the form from the Website, fill out the form and, if you have it, provide proof that you purchased Rainbow Light Vitamins, Multivitamins and/or Supplements from December 1, 2015 through April 16, 2020. Claim Forms printed out from the Website, completed by hand and mailed must be postmarked by July 29, 2020.
If you submit a Claim Form, whether electronically or by United States mail, you will be legally bound by the terms of the Settlement and will be unable to sue Defendants in a different case over the same legal claims that are included in this lawsuit.

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12. WHAT HAPPENS IF I DO NOTHING AT ALL?

Answer:

If you do nothing, you are choosing to stay in the Class, but will not receive any portion of the Settlement. This means that you will be legally bound by the terms of the Settlement Agreement, and you will not be able to sue or continue to sue Defendants in a different case over the same legal claims that are included in this lawsuit.

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13. WHAT HAPPENS IF I EXCLUDE MYSELF?

Answer:

If you exclude yourself, or “opt-out” from the Class, you will not be legally bound by the Settlement or entitled to take any portion of the Settlement Funds. You will however retain your right to sue Defendants on your own regarding the claims at issue in this lawsuit. 

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14. HOW DO I ASK TO BE EXCLUDED?

Answer:

To opt-out or exclude yourself from the lawsuit, you must complete and send to Rainbow Light Settlement, c/o  Administrator, PO BOX 58264, Philadelphia, PA 19102-8264, a Request for Exclusion that is received no later than June 29, 2020.

Your Request for Exclusion must: (a) identify the case name; (b) identify your name, address, and telephone number; (c) identify the Rainbow Light product(s) purchased by you; (d) be personally signed by you; and (e) contain a statement that indicates a desire to be excluded from the Settlement Class in the Action, such as: “I hereby request that I be excluded from the proposed Settlement Class.”

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15. HOW DO I OBJECT TO THE SETTLEMENT?

Answer:

You can tell the Court that you do not agree with the Settlement or some part of it.  To have your objection considered you must not exclude yourself from the lawsuit.  You must also provide, in writing: (a) the name of the Action; (b) the objector’s full name, address, and telephone number; (c) an explanation of the basis on which the objector claims to be a Settlement Class Member; (d) all grounds for the objection, accompanied by any legal support for the objection known to the objector or her counsel; (e) the number of times in which the objector has objected to a class action settlement within the five years preceding the date that the objector files the objection, the caption of each case in which the objector has made such an objection, and a copy of any orders related to or ruling on the objector’s prior such objections that were issued by the trial and appellate courts in each listed case; (f) the identity of all counsel who represent the objector, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement or fee application; (g) a copy of any orders related to or ruling on counsel’s or the counsel’s law firm’s prior objections made by individuals or organizations represented by the objector’s counsel that were issued by the trial and appellate courts in each listed case in which the objector’s counsel and/or counsel’s law firm have objected to a class action settlement within the preceding five (5) years; (h) any and all agreements that relate to the objection or the process of objecting—whether written or oral—between objector or objector’s counsel and any other person or entity; (i) the identity of all counsel (if any) representing the objector who will appear at the Final Approval Hearing; (j) a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; (k) a list of all persons who will be called to testify at the Final Approval Hearing in support of the objection; and (l) the objector’s signature (an attorney’s signature is not sufficient).

In order to object to the Settlement Agreement, you must file your written objection with the Court, mail your written objection to Class Counsel, and mail your written objection to Counsel for Defendants. The addresses for the Court, Class Counsel, and Counsel for Defendants are below:

Class Counsel:

Gary M. Klinger

GMK LAW, LTD.

227 W. Monroe Street, Ste. 2100

Chicago, IL 60606


Gary E. Mason

MASON LLP

5101 Wisconsin Ave. NW, Ste 305

Washington, DC 20016


Defendants’ Counsel:

Dean N. Panos 

Jenner & Block, LLP 

353 N. Clark Street 

Chicago, IL 60654


Michael J. Nester

Donovan Rose Nester, P.C.

15 North 1st Street

Suite A

Belleville, ILL 62220


Clerk of Court:

Clerk of the Circuit Court of St. Clair County

10 Public Sq.

Belleville, IL 62220


In order for your objection to be considered you must mail it so that it is postmarked by June 29, 2020.

The Final Approval Hearing is scheduled for 10:00 a.m. CT on July 29, 2020 in Courtroom 401 of the St. Clair County Building, at 10 Public Square in Belleville, Illinois 62220.

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16. DO I HAVE A LAWYER IN THIS CASE?

Answer:

Yes. The Court has preliminarily approved the appointment of Gary E. Mason of Mason, LLP, and Gary M. Klinger of GMK LAW, LTD to represent Class Members who are a part of the Settlement Class. Complete contact information for these law firms can be found above and in the Documents Page of this Website.

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17. SHOULD I GET MY OWN LAWYER?

Answer:

You do not need to hire your own lawyer because Class Counsel is representing you and all the other members of the Class. However, you are allowed to hire your own lawyer, even if you remain a member of the Class. He or she may ask to appear in Court for you in this case, if you want someone other than Class Counsel to speak for you, but you will have to pay that lawyer.

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18. HOW WILL THE LAWYERS BE PAID?

Answer:

If the Court approves the Settlement, Class Counsel will ask the Court for approval of fees and expenses. You will not personally have to pay any of these fees and expenses.

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19. HOW MUCH WILL THE LAWYERS BE PAID?

Answer:

If the Court grants approval of the Settlement, including approval of Attorneys’ Fees and Expenses, Class Counsel will take an amount not to exceed $1,800,000 of the $6,750,000 total settlement amount as payment for prosecuting the case and reimbursement for expenses. The attorneys will ask the Court for approval of fees and expenses. You will not personally have to pay any of these fees and expenses.

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20. IS MORE INFORMATION ABOUT THE LAWSUIT AVAILABLE?

Answer:

More information about the lawsuit is available by contacting the Administrator here, by calling 833-930-2421, or writing to the Administrator, Rainbow Light Settlement, c/o Administrator, PO Box 58264  Philadelphia, PA 19102-8264. You can view a copy of the Court’s Memorandum Opinion and Order, the Plaintiffs’ Complaint, and the Settlement Agreement in the Documents Page of this Website.


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This website is authorized by the Court, supervised by counsel and controlled by the Administrator approved by the Court. This is the only authorized website for this case.

For more information please call 833-930-2421

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

Contact us with any inquiries, comments, and/or requests.

Submit Claim

Click here to safely and securely submit a Claim Form.

Registration

Click here to safely and securely register.

Important Dates

  • Exclusion Deadline

    Monday, June 29, 2020
    You must complete and mail your request for exclusion  so that it is postmarked no later than Monday, June 29, 2020.
  • Objection Deadline

    Monday, June 29, 2020
    You must mail your objection(s) and/or notice of intent to appear at the Final Approval Hearing so that it/they are postmarked no later than Monday, June 29, 2020.
  • Claim Period

    Wednesday, July 29, 2020
    You must submit your Claim Form online no later than Wednesday, July 29, 2020, or mail your completed paper Claim Form so that it is postmarked no later than Wednesday, July 29, 2020. 
  • Final Approval Hearing Date

    Wednesday, July 29, 2020
    The Final Approval Hearing is scheduled for Wednesday, July 29, 2020. Please check this website for updates.

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