Grayer v. Sara Lee Frozen Bakery, LLC

Third Judicial Circuit Madison County, Illinois

Case No. 2022LA000002

Attention All United States Purchasers of Sara Lee All Butter Pound Cake Between April 27, 2017, and July 29, 2022 

  • A proposed Settlement has been reached in a class action lawsuit ("lawsuit") called Grayer v. Sara Lee Frozen Bakery, LLC, Case No. 2022LA000002, filed in the Third Judicial Circuit of Madison County, Illinois.

  • The lawsuit contends that the Sara Lee Products were inappropriately marketed as being “All Butter Pound Cake.” Sara Lee Frozen Bakery, LLC (“Defendant”) denies any wrongdoing and denies all of the allegations made in the lawsuit. Defendant contends that the Products have always been truthfully marketed and labeled.  Defendant has settled this case to avoid further litigation and distraction of resources from its business.
  • You are included in the Settlement if you meet all the following criteria:
    • Purchased Sara Lee Products that contain the labeling “All Butter Pound Cake”; 
    • Purchased between April 27, 2017, and July 29, 2022; 
    • Purchased in the United States; and
    • Purchased for personal use and not resale.
  • To settle the case, Defendant has agreed to:
    • Change its labeling practices; and
    • Provide a Settlement Benefit of:
      • $1.00 per Product purchased, up to 5 Products or $5.00 per Household, to Claimants who file a valid Claim Form and do not have Proof of Purchase.
      • $1.00 per Product up to 20 Products or $20.00 per Household, to Claimants who file a valid Claim Form and have a Proof of Purchase.  
  • For avoidance of doubt, a Settlement Class Member may file a single Claim Form and only one valid claim per Household is eligible for a Settlement Benefit.  “Household” is defined as indicia that Settlement Class Members reside in the same residence (i.e., they share the same mailing address, same payment account, or other evidence of sharing a residence). The minimum payment for any valid Claim Form shall be $3.00 per Household, regardless of whether Proof of Purchase is filed along with the Claim Form.  
  • The total combined Settlement Benefits for all Settlement Class Members is limited to $1,000,000.00. If the total amount of valid claims exceeds $1,000,000.00, then the distribution to Settlement Class Members will be reduced on a pro rata basis. 
  • The lawyers who brought the lawsuit will ask the Court for up to $400,000.00 to be paid by Defendants as attorneys’ fees and expenses for investigating the facts, litigating the case, and negotiating the Settlement.  They will also ask for $2,500.00 for the Plaintiff who brought this lawsuit.  That payment is called the “Class Representative Service Award."
  • Your legal rights are affected whether you act or don’t act. Read the Notice carefully. 

The Notice summarizes the proposed Settlement. For the precise terms and conditions of the Settlement, please see the Settlement Agreement available here, or contact the Settlement Administrator.

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.


YOUR RIGHTS AND OPTIONS IN THIS SETTLEMENT DEADLINE
Submit a Claim Form The only way to receive payment under the Settlement for your purchases. October 11, 2022
Opt-Out Get out of the lawsuit and the Settlement. This is the only option that allows you to ever bring or join another lawsuit raising the same legal claims against the Defendant. You will receive no payment from this Settlement. (If you want to opt-out of the Settlement, you must submit a written Request for Exclusion that includes the requirements under the Settlement Agreement and must do so by the Opt-Out/Exclusion Deadline.) October 11, 2022
File Objection Write to the Court about any aspect of the Settlement you don’t like or you don’t think is fair, adequate, or reasonable. Any Objection must also be served on the Parties. October 11, 2022
Go to a Hearing Speak in Court about the Settlement. (If you object to any aspect of the Settlement, you must submit a written Objection by the Objection Deadline noted above and complete other requirements under the Settlement Agreement.) October 20, 2022 at 10 a.m. CT
Do Nothing You will receive the benefit of marketing changes but no payment and have no right to sue Defendant later for the claims released by the Settlement
  • These rights and options—and the deadlines to exercise them—are explained in the Notice
  • The Court in charge of this case still has to decide whether to approve the Settlement. Settlement Benefit payments will be made to Settlement Class Members only if the Court approves the Settlement.  If there are appeals, payments will not be made until the appeals are resolved and the Settlement becomes effective.  Please be patient.

Final Approval Hearing

On October 20, 2022 at 10 a.m. CT, the Court will hold a hearing to determine:  (1) whether the proposed Settlement should be approved as fair, reasonable, and adequate and should receive final approval; (2) the Released Claims of the Settlement Class against the Released Parties should be dismissed with prejudice; (3) whether Class Counsel’s Fee Application for a Fee Award should be granted; and (4) whether the application for the Class Representative Service Award payment should be granted.  The hearing will be held in the Third Judicial Circuit of Madison County, Illinois, 155 N. Main Street Edwardsville, IL 62025.  The hearing will be held in the courtroom of the Honorable Judge Smith.  This hearing date may change without further notice to you.  Consult this Settlement Website, or the Court docket in this case available through the Court’s website (www.co.madison.il.us), for updated information on the hearing date and time.

    This website is authorized by the Court, supervised by Counsel and controlled by Kroll Settlement Administration LLC, the Settlement Administrator approved by the Court. This is the only authorized website for this case.

    Call
    (833) 620-3581
    Mail
    Grayer v. Sara Lee Frozen Bakery, LLC
    Kroll Settlement Administration LLC
    P.O. Box 5324
    New York, NY 10150-5324

    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 Form

    Registration Form

    Important Dates

    • Exclusion Deadline

      Tuesday, October 11, 2022 You must complete and mail your Request for Exclusion so that it is postmarked no later than October 11, 2022.
    • Objection Deadline

      Tuesday, October 11, 2022 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 October 11, 2022.
    • Claim Form Deadline

      Tuesday, October 11, 2022 You must submit your Claim Form online no later than Tuesday, October 11, 2022, or mail your completed paper Claim Form so that it is postmarked no later than October 11, 2022.
    • Final Approval Hearing Date

      Thursday, October 20, 2022 The Final Approval Hearing is scheduled for October 20, 2022 at 10 a.m. CT. Please check this Website for updates.

    Important Documents

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