Grayer v. Sara Lee Frozen Bakery, LLC

• 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.

• 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 November 17, 2022 at 9 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.