Frequently Asked Questions

Garrett Wacker, et al. v. Mead Johnson & Company, LLC

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You may have received a Court-authorized Notice because you may be a Class Member in a proposed Settlement regarding alleged false, misleading, and deceptive labeling found on certain Enfamil brand formula Products.  

The Notice explains the nature of the lawsuit and the Released Claims being settled, your legal rights, and the proposed benefits to the Class.


Judge Sonja Childers, of the Circuit Court of Phelps County, Missouri is overseeing this class action lawsuit.  The case is known as Garrett Wacker, et al. v. Mead Johnson & Company, LLC, Case No. 22PH-CV00808. The people who brought the lawsuit are called “Plaintiffs”, and the company they sued is called the “Defendant”. 

Plaintiffs Garrett Wacker, Courtney O’Rourke, Kara Rutenbar Hatmaker, and Maria B. Tucic filed a lawsuit against defendant Mead Johnson & Company, LLC, individually and on behalf of anyone who purchased certain Enfamil formula Products for personal use between January 1, 2017, and June 23, 2022. 

The Plaintiffs allege in the lawsuit that the Defendant made false, misleading, and deceptive label representations that the Enfamil formula Products could make a specified number of bottles of liquid formula. Contrary to those representations, Plaintiffs allege that the Products cannot make the represented number of bottles of liquid formula when consumers follow the “Instructions for Preparation & Use.” Accordingly, Plaintiffs allege that the Products were deceptively and unlawfully labeled, packaged, and marketed.

Defendant Mead Johnson & Company, LLC denies the Plaintiffs’ allegations and denies that it violated any law or caused any harm as alleged in the lawsuit. Defendant asserts that its labelling and marketing is truthful but 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 Plaintiffs or Defendant.  Instead, both sides agreed to settle this case to avoid the costs, disruption, and risk of further litigation. The 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 on this website.
In a class action, one or more people called “Class Representatives” (in this case, Garrett Wacker, Courtney O’Rourke, Kara Rutenbar Hatmaker, and Maria B. Tucic) sue on behalf of people who have similar claims. All of these people who may have similar claims form a “Class” and are called “Class Members.” The Settlement resolves the issues for all Class Members, except those who exclude themselves from the Class, as explained in FAQ 10.
You are included in the Settlement as a Class Member if you live in the United States and you purchased any of the specified Enfamil Products (for personal use only) from January 1, 2017 through June 23, 2022.

If you are not sure whether you are in the Class, or have any other questions about the Settlement, write with questions to Wacker v. Mead Johnson & Company, LLC c/o Kroll Settlement Administration LLC PO Box 225391 New York, NY 10150-5391, or call 1-833-512-2322.

If the proposed Settlement is finally approved by the Court, and after any appeals are resolved, Defendant has agreed to:

1. Business Practices: Make lasting changes to the Enfamil Products’ labels.

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 for up to a maximum of $15.00 per Household; or

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 October 31, 2022.
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. You may also email or call the Settlement Administrator at [email protected] or 1-833-512-2322 to request a Claim Form.

Your Claim Form must be postmarked or submitted online no later than 11:59 p.m. Central Time on October 31, 2022.

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 Released Claims in this lawsuit. 

This means that you will no longer be able to sue Mead Johnson & Company, LLC regarding any of the settled claims if you are a Class Member and do not timely and properly Exclude yourself from the Class.

The settled claims are any known or unknown claims that any Class Member may at any time have up to June 23, 2022, arising out of the subject matter giving rise to the claims in the lawsuits that were consolidated into this 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 WHICH 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.

Possibly. The Class Representatives (Garrett Wacker, Courtney O’Rourke, Kara Rutenbar Hatmaker, and Maria B. Tucic) will request a Service Award of up to a maximum total amount of $15,000.00 in the aggregate, 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 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 September 15, 2022:

Wacker v. Mead Johnson & Company, LLC
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 Wacker v. Mead Johnson & Company LLC Class Action,” and signature.

Please contact the Settlement Administrator for further instructions on how to submit an exclusion request.

No, not if you are a Class Member.  If you do not exclude yourself from the Settlement, you forever give up the right to sue Mead Johnson & Company, LLC and the Released Parties for all the Released Claims that this Settlement resolves.

If you submit a valid and timely request to be excluded, you cannot Object to the proposed Settlement.  However, if you ask to be Excluded, you may sue or continue to sue Mead Johnson & Company, LLC 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 and do nothing, you forever give up the right to sue Mead Johnson & Company, LLC and the Released Parties for the Released Claims this Settlement resolves.
Yes.  The Court has ordered that the Law Office of L. DeWayne Layfield, PLLC; KamberLaw LLC; Southern Atlantic Law Group, PLL; Steelman Gaunt Crowley; and Law Office of Howard W. Rubinstein, PA (together, “Class Counsel”) will represent the interests of all Class Members. Class Members will not be separately charged for these lawyers.  If you want to be represented by your own lawyer, you may hire one at your own expense.
Class Counsel will apply to the Court for an award of Attorneys’ Fees and Costs of up to $2,100,000.  A copy of Class Counsel’s application for Attorneys’ Fees and Costs will be available prior to the Fairness Hearing and will be posted on this Website.  The Court will make the final decisions as to the amounts to be paid to Class Counsel and may award less than the amounts requested by Class Counsel.
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 Mead Johnson & Company, LLC’s 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, Garrett Wacker v. Mead Johnson & Company LLC, No. 22PH-CV00808(Phelps County Circuit Court, MO.);

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 his/her counsel has not objected to any other class action settlement in any court in the United States in the previous five (5) years, he/she 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 September 15, 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 Class Counsel and Defense Counsel, postmarked no later than 11:59 p.m. Central Time September 15, 2022 to:

Class Counsel:
Stephen F. Gaunt,
David L. Steelman
STEELMAN GAUNT CROWLEY 
901 Pine Street, Suite 110
Rolla, Missouri 65401
            [email protected]


Defendant’s Counsel:
David T. Biderman
Jasmine W. Wetherell
PERKINS COIE LLP
1888 Century Park East, Suite 1700
Los Angeles, CA 90067-1721

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 September 15, 2022, a Notice of Intention to Appear, and must also file a notice of appearance with the Court no later than September 15, 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 wither 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 a 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 September 22, 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 Question 15, including all of the information required. 
 
You cannot speak at the hearing if you exclude yourself from the Settlement.

If you do nothing, you will not get any money from the Settlement, you will not be able to sue for the Released Claims in this lawsuit, and you release claims against Defendant and Released Parties.
This is only a summary of the proposed Settlement.  If you want additional information about this lawsuit, including a copy of the actual Settlement Agreement, the complaints 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.

You may also contact the Settlement Administrator at 1-833-512-2322.  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.
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
1-833-512-2322
Mail
Garrett Wacker, et al. v. Mead Johnson & Company, LLC
c/o Kroll Settlement Administration LLC
PO BOX 225391
New York, NY 10150-5391

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

    Thursday, September 15, 2022 You must complete and mail your request for exclusion form so that it is received no later than Thursday, September 15, 2022.
  • Objection Deadline

    Thursday, September 15, 2022 You must mail your objection(s) and/or notice of intent to appear at the Final Approval Hearing so that it/they are filed no later than Thursday, September 15, 2022.
  • Claim Form Deadline

    Monday, October 31, 2022 You must submit your Claim Form online no later than Monday, October 31, 2022 at 11:59 pm CT, or mail your completed paper Claim Form so that it is postmarked no later than Monday, October 31, 2022.
  • Final Approval Hearing Date

    Thursday, September 22, 2022 The Final Approval Hearing is scheduled for Thursday, September 22, 2022. Please check this website for updates.

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