1. Why was this Notice issued?
  2. What is a class action?
  3. What is this lawsuit about?
  4. Why is there a settlement?
  5. How do I know if I am in the Settlement Class?
  6. What does the settlement provide?
  7. How much will my payment be?
  8. When will I get my payment?
  9. How do I get a payment?
  10. What am I giving up if I stay in the Class?
  11. Do I have a lawyer in the case?
  12. How will the lawyers be paid?
  13. How do I get out of the settlement?
  14. If I don’t exclude myself, can I sue the Defendant for the same thing later?
  15. If I exclude myself, can I get anything from this settlement?
  16. How do I object to the settlement?
  17. What’s the difference between objecting and excluding myself from the settlement?
  18. When and where will the Court decide whether to approve the settlement?
  19. Do I have to come to the hearing?
  20. May I speak at the hearing?
  21. Where do I get more information?
  1. Why was this Notice issued?

    A Court authorized the Notice because you have a right to know about a proposed settlement of this class action lawsuit and about all of your options, before the Court decides whether to give final approval to the settlement. The Notice explains the lawsuit, the settlement, and your legal rights.

    The Honorable Robert G. Kleeman of the Circuit Court of DuPage County, Illinois, 18th Judicial Circuit, is overseeing this case. The case is called Morrissey, et al. v. TULA Life, Inc., Case No. 2021L000646. The people who sued are called the Plaintiffs. The Defendant is TULA Life, Inc.

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  2. What is a class action?

    In a class action, one or more people called class representatives (in this case, Emily Morrissey, Tammy Carpenter, Aiza Ejaz, and Julie Gurdin) sue on behalf of a group or a “class” of people who have similar claims. In a class action, the court resolves the issues for all Class Members, except for those who exclude themselves from the Settlement Class.

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  3. What is this lawsuit about?

    This lawsuit claims Plaintiffs Emily Morrissey, Tammy Carpenter, Aiza Ejaz, and Julie Gurdin (collectively, the “Class Representatives”) allege that they were misled into believing that live cultures existed in skincare products that TULA advertised as containing “probiotics.” TULA claims its products contain probiotic extracts designed for use in skincare. Thus, TULA denies all allegations of wrongdoing, and the Court has not determined who is right. Rather, the Parties have agreed to settle the lawsuit to avoid the uncertainties and expenses associated with ongoing litigation.

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  4. Why is there a settlement?

    The Court has not decided whether the Plaintiffs or the Defendant should win this case. Instead, both sides agreed to a settlement. That way, they avoid the uncertainties and expenses associated with ongoing litigation, and Settlement Class Members will get compensation sooner rather than, if at all, after the completion of a trial.

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  5. How do I know if I am in the Settlement Class?

    The Court decided that everyone who fits the following description is a member of the Settlement Class:

    All persons in the United States (including its states, districts, or territories) who purchased TULA skincare products from January 1, 2013, to August 30, 2021.

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  6. What does the settlement provide?

    Monetary Relief: If approved, a Settlement Fund will be created totaling up to $5,000,000.00. Settlement Class Member cash payments, and the cost to administer the settlement, the cost to inform people about the settlement, attorneys’ fees (inclusive of litigation costs), and awards to the Class Representatives will also come out of this fund (see Question 12).

    A detailed description of the settlement benefits can be found in the Settlement Agreement, a copy of which is accessible under the Case Documents tab of this website.

    Prospective Relief: In addition to the monetary relief described above, Defendant has also agreed to implement labeling and/or packaging changes to sellable TULA Products as follows: (a) for each TULA Product outer carton packaging, Defendant shall state “does not contain live cultures” on the side of such packaging; (b) for TULA Products that do not contain outer carton packaging, such products shall state “does not contain live cultures” on the back; and (c) for each TULA Product advertised online on TULA’s website, each such product page shall state “does not contain live cultures."

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  7. How much will my payment be?

    You must submit a Claim Form (see instructions below) to receive a share of the Settlement Fund. If you submit a Claim Form without proof of purchase, you will receive a $4.00 cash payment. If you submit a Claim Form with proof of purchase, you will receive a refund of 10% of the amounts you paid for TULA Products, or $4.00, whichever is greater, up to a total of $25.00 per household. These awards may be subject to pro rata adjustment, depending on the number of valid claims that are filed.

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  8. When will I get my payment?

    The hearing to consider the fairness of the settlement is scheduled for October 26, 2021. If the Court approves the settlement, eligible Class Members will receive their payment 30 days after the settlement has been finally approved and/or after any appeals process is complete. The payment will be made in the form of a check (unless Zelle or PayPal is selected), and all checks will expire and become void 180 days after they are issued.

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  9. How do I get a payment?

    You must complete and submit a Claim Form to receive a payment from the Settlement Fund. You may submit a Claim Form either electronically on the Settlement Website by clicking here, or by printing and mailing in a paper Claim Form, copies of which are available for download here. Claim Forms must be submitted online by 11:59 p.m. ET on December 10, 2021 or postmarked and mailed by December 10, 2021.

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  10. What am I giving up if I stay in the Class?

    If the settlement becomes final, you will give up your right to sue the Defendant and other Released Parties for the claims being resolved by this settlement. The specific claims you are giving up against the Defendant are described in the Settlement Agreement. You will be “releasing” the Defendant and certain of its affiliates, employees and representatives as described in Section 1.24 of the Settlement Agreement. Unless you exclude yourself (see Question 13), you are "releasing" the claims, regardless of whether you submit a claim or not. The Settlement Agreement is available under the Case Documents tab of this website.

    The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions, you can talk to the lawyers listed in Question 11 for free or you can, of course, talk to your own lawyer if you have questions about what this means.

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  11. Do I have a lawyer in the case?

    The Court has appointed Bursor & Fisher, P.A. and Barbat, Mansour, Suciu & Tomina PLLC to be the attorneys representing the Settlement Class. They are called “Class Counsel.” They believe, after conducting an extensive investigation, that the Settlement Agreement is fair, reasonable, and in the best interests of the Settlement Class. You will not be charged for these lawyers. If you want to be represented by your own lawyer in this case, you may hire one at your expense.

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  12. How will the lawyers be paid?

    The Defendant has agreed that Class Counsel attorneys’ fees and costs may be paid out of the Settlement Fund in an amount to be determined by the Court. The fee petition will seek no more than one-third of the Settlement Fund, inclusive of reimbursement of their costs and expenses; the Court may award less than this amount.

    Subject to approval by the Court, Defendant has also agreed that the Class Representatives may be paid a Service Award of $5,000.00 each from the Settlement Fund for their services in helping to bring and resolve this case.

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  13. How do I get out of the settlement?

    To exclude yourself from the settlement, you must submit a request for exclusion by 11:59 p.m. ET on September 30, 2021. Requests for exclusion may be submitted either on this Settlement Website under the Opt-Out tab, or by mailing or otherwise delivering a letter (or request for exclusion) stating that you want to be excluded from the Morrissey, et al. v. TULA Life, Inc., Case No. 2021L000646 settlement. Your letter or request for exclusion must also include your name, your address, that you purchased TULA skincare products from January 1, 2013 to August 30, 2021, your signature, the name and number of this case, and a statement that you wish to be excluded. If you choose to submit a request for exclusion by mail, you must mail or deliver your exclusion request, postmarked no later than September 30, 2021, to the following address:

    Morrissey v. TULA Settlement Administrator
    P.O. Box 43248
    Providence, RI 02940-3248

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  14. If I don’t exclude myself, can I sue the Defendant for the same thing later?

    No. Unless you exclude yourself, you give up any right to sue the Defendant for the claims being resolved by this settlement.

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  15. If I exclude myself, can I get anything from this settlement?

    No. If you exclude yourself, you will not receive a payment from the Settlement Fund.

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  16. How do I object to the settlement?

    If you are a Class Member, you can object to the settlement if you don’t like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must file with the Court a letter or brief stating that you object to the settlement in Morrissey, et al. v. TULA Life, Inc., Case No. 2021L000646 and identify all your reasons for your objections (including citations and supporting evidence) and attach any materials you rely on for your objections. Your letter or brief must also include your name, your address, the basis upon which you claim to be a Class Member (either verification under oath of the date and location of a purchase of TULA Products within the Settlement Class Period or a receipt reflecting such purchase), the name and contact information of any and all attorneys representing, advising, or in any way assisting you in connection with your objection, and your signature. If you, or an attorney assisting you with your objection, have ever objected to any class action settlement where you or the objecting attorney has asked for or received payment in exchange for dismissal of the objection (or any related appeal) without modification to the settlement, you must include a statement in your objection identifying each such case by full case caption. You must also mail or deliver a copy of your letter or brief to Class Counsel and Defendant’s Counsel listed below.

    Class Counsel will file with the Court and post on this website, under the Case Documents tab, its request for attorneys’ fees by September 16, 2021.

    If you want to appear and speak at the Final Approval Hearing to object to the settlement, with or without a lawyer (explained below in answer to Question Number 20), you must say so in your letter or brief. File the objection with the Court (or mail the objection to the Court) and mail a copy of the objection to Class Counsel and Defendant’s Counsel, at the addresses below, postmarked no later than September 30, 2021.

    Court Class Counsel Defendant's Counsel
    The Honorable Robert G. Kleeman
    Circuit Court for DuPage County
    Illinois, 18th Judicial District
    505 N. County Farm Road
    Wheaton, IL 60187
    Philip L. Fraietta
    Bursor & Fisher, P.A.
    888 Seventh Avenue
    New York, NY 10019

    Ari N. Rothman
    Venable LLP
    600 Massachusetts Avenue, NW
    Washington, DC 20001

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  17. What’s the difference between objecting and excluding myself from the settlement?

    Objecting simply means telling the Court that you don’t like something about the settlement. You can object only if you stay in the Settlement Class. Excluding yourself from the Class is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

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  18. When and where will the Court decide whether to approve the settlement?

    The Court will hold the Final Approval Hearing at 10:00 a.m. CT on October 26, 2021 at the 18th Judicial Circuit Courthouse, 505 N. County Farm Road, Wheaton, IL 60187. The purpose of the hearing will be for the Court to determine whether to approve the settlement as fair, reasonable, adequate, and in the best interests of the Settlement Class; to consider Class Counsel’s request for attorneys’ fees and expenses; and to consider the request for Service Awards to the Class Representatives. At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the settlement.

    The hearing may be postponed to a different date or time without notice, so it is a good idea to check for updates by revisiting this Settlement Website or calling 1-855-786-0994. If, however, you timely objected to the settlement and advised the Court that you intend to appear and speak at the Final Approval Hearing, you will receive notice of any change in the date of the Final Approval Hearing.

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  19. Do I have to come to the hearing?

    No. Class Counsel will answer any questions the Court may have. But, you are welcome to come at your own expense. If you send an objection or comment, you don’t have to come to Court to talk about it. As long as you filed and mailed your written objection on time, the Court will consider it. You may also pay another lawyer to attend, but it is not required.

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  20. May I speak at the hearing?

    Yes. You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must include in your letter or brief objecting to the settlement a statement saying that it is your “Notice of Intent to Appear in Morrissey, et al. v. TULA Life, Inc., Case No. 2021L000646.” It must include your name, address, telephone number and signature as well as the name and address of your lawyer, if one is appearing for you. Your objection and notice of intent to appear must be filed with the Court and postmarked no later than September 30, 2021, and be sent to the addresses listed in Question 16.

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  21. Where do I get more information?

    The Notice summarizes the settlement. More details are available in the Settlement Agreement. You can get a copy of the Settlement Agreement under the Case Documents tab of this website. You may also write with questions to Morrissey v. TULA Settlement Administrator, P.O. Box 43248, Providence, RI 02940-3248. You can call the Settlement Administrator at 1-855-786-0994 or Class Counsel at (646) 837-7150, if you have any questions. Before doing so, however, please read this full Notice carefully. You may also find additional information throughout this website.

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