Exhibit 1

Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 1 of 104

1 2 3 4 5 6 7 8 9 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI 10 WESTERN DIVISION

11 AMANDA SMITH, ) 12 CHERYL FERNANDEZ, ) JOSEPH COLELLA, ) 13 JOSEPH TIMMERMAN, ) 14 KELLY STYLES LONGO, ) SANDRA STYLES-HORVATH, ) 15 JOHANA GARCIA, and ) SHARON MARIE BETSELL, ) Case No. 2:18-CV-04004-MDH 16 individually and on behalf of all ) others similarly situated, ) 17 ) DECLARATION OF ANI S. SARICH ON 18 Plaintiffs, ) BEHALF OF CPT GROUP, INC. WITH ) RESPECT TO NOTIFICATION OF 19 v. ) CLASS ACTION LAWSUIT, CLAIMS, ) OBJECTIONS AND REQUESTS FOR 20 ATKINS NUTRITIONALS, INC., ) EXCLUSION, AND CLAIMS ) VERIFICATION 21 Defendant. ) 22

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CcSTIPU C DECLARATION OF ANI S. SARICH ON BEHALF OF CPT GROUP, INC. WITH RESPECT TO NOTIFICATION OF CLASS Case 2:18-cv-04004-MDHACTION LAWSUIT DocumentAND CLAIMS 49-1VERIFICATION; Filed 06/10/20 CASE NO. 2:18 Page-CV-04004 2 of- MDH104 US_Active\114948330\V-1

1 I, Ani S. Sarich, declare as follows: 2 1. I am a Senior Case Manager for CPT Group, Inc. (“CPT”), the Notice and Claims 3 Administrator jointly agreed upon by the Parties and approved by this Court for the Smith, et al. 4 v. Atkins Nutritionals, Inc. Settlement. I have personal knowledge of the facts set forth in this 5 declaration and, if called upon to testify, I could and would testify competently to such facts. I 6 submit this declaration in support of Plaintiffs’ motion for final approval of this class action 7 Settlement. 8 2. CPT has extensive experience in providing notice of class actions and administering 9 class action settlements. In the past 30-plus years, we have provided notification and/or 10 settlement administration services in thousands of class action cases. A true and correct copy of 11 CPT’s company resume, which provides further information regarding CPT’s experience, was 12 attached to the Declaration of Julie N. Green filed in support of Plaintiffs’ Motion for Preliminary 13 Approval. 14 3. As the Notice and Claims Administrator in this case, CPT was/is responsible for the 15 following: 16 a. preparing and completing transmittal of the CAFA Notice to applicable state 17 and federal regulators; 18 b. implementing the Class Notice Plan approved by the Court on December 19 19, 2019 (ECF No. 47) by designing and executing the internet banner ad 20 campaign, issuing a press release, and establishing the Settlement Website 21 (www.aniclasssettlement.com) that included case documents, information 22 about the case, Settlement and claims process, and allowed online 23 submission of claims, a toll-free telephone number with recorded 24 information about the case and the Settlement, and a dedicated email 25 address for questions by Settlement Class Members; 26 c. reviewing and determining the validity of submitted Claim Forms, and 27 requesting additional information from claimants if warranted; 28 d. following up with claimants who submitted deficient Claim Forms;

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1 e. receiving/processing other communications about the Settlement such as 2 questions about the claims process and requests for exclusion; 3 f. preparing reports and summaries regarding the notice and claims processes 4 for the Parties; 5 g. establishing and maintaining the Settlement Escrow Account; 6 h. distributing payments under the Settlement; and 7 i. other tasks mutually agreed to by the Parties and/or requested by the Court. 8 CAFA NOTIFICATION 9 4. On November 15, 2019, in compliance with the Class Action Fairness Act 10 (“CAFA”), 28 U.S.C. § 1715, CPT sent notification to the United States Attorney General, the 11 Attorneys General in each of the 50 States, the District of Columbia, and the Attorneys General of 12 the five recognized U.S. Territories: Puerto Rico, Guam, the U.S. Virgin Islands, and American 13 Samoa. CPT received no responses or objections from these officials. 14 IMPLEMENTATION OF CLASS NOTICE PLAN 15 SETTLEMENT WEBSITE 16 5. CPT, with input from the Parties, designed the Settlement website 17 (www.ANIClassSettlement.com), which went live on January 12, 2020, and thus began the 18 activation of the Notice Plan. The Settlement website contains copies of Settlement documents 19 (including the Settlement Agreement, Long Form Class Notice, and Claim Form) and other 20 documents filed in the case (e.g., the Class Action Complaint, First Amended Complaint, Second 21 Amended Complaint, Plaintiffs’ Unopposed Motion for Preliminary Approval, and the Order 22 Granting Preliminary Approval). True and correct copies of Long Form Class Notice and the 23 Claim Form that were posted to the Settlement website are attached hereto as Exhibits A and B, 24 respectively. 25 6. The Settlement website also contains, among other things, a Frequently Asked 26 Questions page and a case timeline, which specified important dates and deadlines for the 27 Settlement, including the deadlines for Settlement Class Members to submit claims, file 28 objections and submit requests for exclusion and the date, time and location of the Final Approval

-2- DECLARATION OF ANI S. SARICH ON BEHALF OF CPT GROUP, INC. WITH RESPECT TO NOTIFICATION OF CLASS Case 2:18-cv-04004-MDHACTION LAWSUIT Document AND CLAIMS 49-1 VERIFICATION; Filed 06/10/20 CASE NO. 2:18 Page-CV -040044 of -104MDH US_Active\114948330\V-1

1 Hearing. A composite of true and correct copies of each page of the Settlement Website is 2 attached hereto as Exhibit C. 3 7. As of the date of this declaration, the Settlement website home page has been visited 4 859,917 times by 637,746 unique users. 5 CASE-SPECIFIC EMAIL ADDRESS 6 8. Also beginning on December 23, 2020, CPT established and has since maintained a 7 dedicated email address ([email protected]) that Settlement Class Members 8 can use to communicate with CPT regarding details of the case and the Settlement. This case- 9 specific email address was listed at the top of the Settlement Website. As of the date of this 10 declaration, there have been 763 email submissions to this email address. CPT has promptly 11 responded to all of these emails (and will continue to do so). 12 TOLL-FREE TELEPHONE NUMBER 13 9. CPT established and has maintained a case-specific 24-hour, toll free, IVR telephone 14 support line, 1-888-531-0208, which went live on January 12, 2020, to coincide with the live date 15 of the Settlement website. Through this number, callers were provided: (a) general and detailed 16 information about the lawsuit and the Settlement; (b) FAQs and answers; and (c) the Settlement 17 email address ([email protected]) in the event they had additional questions. 18 For additional support, callers were also provided the option of leaving a voicemail requesting 19 that a live class member support representative return their call during normal business hours 20 (Monday through Friday from 9:00 a.m. to 5:30 p.m. CT). This toll-free telephone number was 21 listed at the top of the Settlement website. As of the date of this declaration, there have been 346 22 calls to this Settlement telephone support line, and CPT has returned 346 voicemails from callers 23 and answered their questions about the case and Settlement. 24 PRESS RELEASE 25 10. On January 17, 2020, CPT disseminated a press release over PR Newswire to the 26 US1 National Newsline and targeted individual journalists specific to General Food and Nutrition 27 industries. Attached hereto as Exhibit D is a true and correct copy of the press release. 28

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1 11. As of the date of this declaration, the press release was picked up by 152 relevant 2 media outlets including broadcast media (31.6%), newspapers (30.3%), online news sites and 3 other influencers (18.4%), blogs (5.9%), financial news services (5.3%) and others (8.6%), across 4 the United States, with 145 of those media outlets picking up the story on January 17th. The press 5 release was picked up by industries relating to media and information (73.7%), financial (13.8%), 6 retail and consumer (5.9%), multicultural and demographic (1.3%) and other (3.9%) with a total 7 potential audience of 97,716,857 readers. The total potential audience refers to the potential 8 number of viewers exposed to the press release which is calculated by adding up the following: 9 average number of visitors (obtained from an audience data provider), SimiliarWeb, 10 Siteworthtraffic, Alexa, comScore, Inc., Cision Digital Reach, and Tweets. Attached hereto as 11 Exhibit E is a true and correct copy of the Visibility Report issued by PR Newswire detailing the 12 results of the distribution. 13 DIGITAL BANNER ADVERTISEMENTS 14 12. On January 17, 2020, CPT began implementation of the Class Notice Plan’s digital 15 internet ad campaign, which CPT designed as a channel-layered approach to effectively and 16 efficiently achieve reach of the target audience (Settlement Class Members). Over the course of 17 the ensuing 10-week period (through March 27, 2020), CPT conducted the digital marketing 18 outreach through programmatic display which are scaled sources of digital inventory, resulting in 19 a wide breadth of banner ads targeting individual consumers. Platforms used include Google 20 Display Network, The Trade Desk and Media Math. Additional, targeted ads were delivered to 21 consumers in-feed and on-platform through the following paid social advertising channels: 22 Facebook Audience Exchange Ad Network, Instagram Ads, and Twitter Ads. 23 13. CPT conducted the supplemental digital marketing banner advertisement campaign 24 described in the Class Notice Plan and served 43,080,026 impressions on mobile and desktop 25 display and reached 16,012,999 individuals, both of which exceeded the key performance 26 indicators (KPI) necessary to achieve CPT’s notification goals, which were 34,931,754 27 impressions and 14,937,203 reached individuals. The supplemental notice campaign spurred 28 133,363 clicks to view the Settlement home page or initiate a claim filing. This rate was

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1 consistent with and actually exceeded the expectations for a Settlement of this kind. Facebook 2 and Google Ad placements were the most effective at producing traffic to the Settlement website. 3 Attached hereto as Exhibits F and G are true and correct copies of the banner advertisements and 4 reporting, respectively. 5 14. In summary, CPT timely implemented and carried out the Notice Plan, which was 6 successful in reaching and, indeed, exceeding the target audience of Settlement Class Members. 7 SETTLEMENT CLASS MEMBER REQUESTS FOR EXCLUSION, OBJECTIONS, AND 8 CLAIMS 9 15. Per the Court’s Order preliminary approving the Settlement, and as stated on the 10 Settlement Website and in the Long Form Notice, the deadline for Settlement Class Members to 11 exclude themselves from the Settlement Class, file and serve objections to the Settlement, or 12 submit a Claim Form was April 27, 2020. 13 16. As of the date of this declaration, one Settlement Class Member timely and validly 14 submitted a Request for Exclusion from the Settlement Class. That Settlement Class Member’s 15 request for exclusion, received by CPT on April 27, 2020, is attached to this declaration as 16 Exhibit H. As of the date of this declaration, CPT has received no other requests for exclusion. 17 17. Although per the Court’s Order preliminary approving the Settlement and as stated 18 on the Settlement Website and in the Long Form Notice, Settlement Class Members who wished 19 to object to the Settlement had to do so by filing or sending a written objection to the Court, Class 20 Counsel, and Defense Counsel by no later than April 27, 2020, CPT has monitored its email 21 inbox and mailing address for any purported objections. As of the date of this declaration, CPT 22 has received no objections to the Settlement. It also is CPT’s understanding, including based on a 23 review of the Court’s docket, that no objections to the Settlement have been filed. 24 18. Also per the Court’s Order preliminary approving the Settlement and as stated on the 25 Settlement Website and in the Long Form Notice, Settlement Class Members who wished to 26 submit a claim and and receive a payment had to submit a Claim Form to CPT either by U.S. 27 Mail or electronically though the Settlement Website, postmarked or submitted on or before April 28 27, 2020. Individuals who were unable to complete the Claim Form online, unable to print and

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1 mail a form, or otherwise requested a Claim Form from CPT were mailed a paper Claim Form. 2 As of the date of this declaration, CPT has mailed 11 Claim Forms pursuant to such requests. 3 19. As of the date of this declaration, CPT has received a total 206,073 Claim Forms. Of 4 these, 204,571 Claim Forms were submitted online through the Settlement Website, 105 Claim 5 Forms were received by CPT through the dedicated email inbox, and 1,397 Claim Forms were 6 received by CPT in the mail. CPT has reviewed all of these Claim Forms. 7 20. Upon receipt of each Claim Form, CPT determined whether it was valid or deficient. 8 A valid Claim Form included the claimant’s name, address, preferred method of payment, 9 completion of at least one of the claims-related sections (i.e., A and/or B), answers to Section A 10 or B, and Proof of Purchase, if the claim was filed under Section B. A Claim Form was deficient 11 if it lacked information such as a signature, answers to questions under Section A and/or B, and 12 Proof of Purchase, if filed under Section B. If CPT deemed a Claim Form deficient, CPT mailed 13 the claimant a letter or sent the claimant an email (depending on whether the Claim Form had 14 been received by mail, or by email or through the Settlement Website), with instructions how the 15 deficiency could be cured and the deadline by which a response must be received. Per the 16 Court’s Order preliminarily approving the Settlement, claimants had 20 days from the date the 17 deficiency notice was sent to cure deficiencies. CPT sent 1,657 such deficiency notices to 18 claimants. 19 21. As of the date of this declaration, 176 of the 1,657 claimants whose Claim Forms 20 CPT determined to be deficient, responded to CPT’s notification. Based upon further review of 21 all the information and documentation provided, CPT determined that 176 were cured and no 22 longer considered deficient, while 1,481 remained deficient. 23 22. Prior to making a final determination, CPT re-examined the remaining 1,481 Claim 24 Forms and determined that there was sufficient evidence to validate 561 Claim Forms. The 25 remaining 920 were ultimately deemed invalid by CPT. 26 Duplicative Claims 27 23. As of the date of this declaration, CPT identified 38,418 Claim Forms as duplicative 28 submissions from the same Class Member, based on name and mailing address.

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1 24. For such duplicative claims, CPT accepted as valid the most recently submitted 2 Claim Form and invalidated the prior (superseded) Claim Forms. This resulted in the invalidation 3 of 38,418 Claim Forms. 4 Fraudulent Claims 5 25. Consistent with its obligations pursuant to section VII.B of the Settlement 6 Agreement, CPT also performed a review of all 206,073 Claim Forms for potentially fraudulent 7 claims and identified 7,511 such claims. CPT has experience reviewing claims for fraud and 8 employs industry-standard techniques for identifying potentially fraudulent claims. To do so, CPT 9 employed its standard process for verification of claims, including examining multiple factors and 10 criteria such as name, address, email address, IP address, and proof created with the intent of 11 obtaining a settlement payment with fictitious information (e.g., fake receipts, invoices, order 12 information, etc.) Examples of the identified fraudulent claims are set forth below: 13 a) Claim Forms submitted by persons whose Proof of Purchase documents were inconsistent with other claimants submitting the same type of documentation. 14 b) A Claim Form submitted by a person identified in CPT’s database of previously 15 flagged fraudulent filers. CPT tracks claims data from previous cases and runs a 16 comparison of names and addresses to look for such frequent filers. Examples of some of the identified individuals are as follows: 17 Name Mailing Address 18 Mark Anthony Turner 5 Gates Ave Apt JA, Brooklyn, NY 11238

19 Paul Teitler 5 Continental Ave Apt 224, Forest Hills, NY 11375 Paul Teitler 7505 113th St Apt 6P, Forest Hills, NY 11375 20 Paul Teitler 5 Continental Ave Apt 227, Forest Hills, NY 11375

Addison Wormack PO Box 296, Loyall, KY 40854-0296 21 Aiden Wormack PO Box 296, Loyall, KY 40854-0296

Jock Wormack PO Box 296, Loyall, KY 40854-0296 22 23

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1 c) More than one Claim Form submitted by the same person posing as multiple persons by using slight variations of a name but using the same address. Claims 2 that were received by CPT and are representative of this category include:

3 Name Mailing Address 4 Hubbard TJH, Tomas TJ James Identical hubbard, tommey tj james Identical 5 hubbard, tommy tj james Identical

6 Hubbard, Tommey Thomas JT James Identical Hubbard TJH, Thoms James Identical

7 d) More than one Claim Form submitted by the same person using the same name 8 but attempting to receive multiple claims by using slight variations of the same address. Claims that were received by CPT and are representative of this 9 category include:

10 Name Mailing Address 11 John Doe 9187-6444 Clairemont Mesa Bl John Doe 9187-#6 Clairemont Mesa Bl Box#444 12 John Doe 9187 Clairemont Mesa Blvd Unit#6 Box#444 John Doe 9187 Clairemont Mesa Blvd Box 444 Suite 6 13 John Doe 9187 Clairemont Mesa Blvd #6444 14 e) Multiple Claim Forms submitted from the same IP address by the same user 15 posing as different claimants by using minor variations of the same name and email addresses. Claims that were received by CPT and are representative of 16 this category include:

17 Name Email Address IP Address 18 meiayrd, asaen [email protected] Identical meiaydr, saem [email protected] Identical 19 meiayrf, saej [email protected] Identical meiayfr, saeh [email protected] Identical 20 meiayrg, saeb [email protected] Identical 21 f) The submission of 96 Claim Forms by a single company with no independent 22 substantiation based on CPT’s research, all of which used the same street address but slightly different apartment numbers and included anywhere from 17 to 31 23 purported claimants per apartment unit. A breakdown of the count of claims filed for each unique address is described below: 24 25 Street Address Apartment No. Count of Claims 344 E 85th St #1A 17 26 344 E 85th St #1B 24 344 E 85th St #1C 31 27 344 E 85th St #3A 21 28

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1 26. Following its determination that 7,511 claims were potentially fraudulent, CPT sent 2 an email or mailed a letter (depending on the underlying manner of submission of the Claim 3 Form) to each purported claimant, advised the purported claimant of CPT’s initial determination, 4 and requested that, to avoid the rejection of their claim, the purported claimant provide additional 5 information including a full legal name, mailing address, and photo identification. Consistent with 6 the Stipulation of Class Action Settlement Section VI.C, such purported claimants were provided 7 twenty (20) days to provide this information to CPT and otherwise dispute CPT’s determination. 8 Based on CPT’s mailing and emailing of such notices, the last day for such purported claimants to 9 do so was May 31, 2020. 10 27. As of the date of this declaration, 38 of the 7,511 purported claimants whose Claim 11 Forms CPT determined to be potentially fraudulent responded to CPT’s notification. CPT 12 reviewed those additional submissions and, based on the information provided, determined that 13 those 38 were not fraudulent, while the remaining 7,473 were fraudulent. The remaining 7,473 14 claims have been deemed invalid by CPT. 15 Untimely Claims 16 28. As of the date of this declaration, CPT has received 11 Claim Forms postmarked 17 after the April 27, 2020 deadline. CPT notified the Parties about these claims, and upon 18 confirmation, CPT rejected these 11 Claim Forms due to their untimeliness. 19 Approved Claims 20 29. After removing invalid, duplicative, fraudulent and untimely claims as described 21 above, CPT has concluded that 159,251 Settlement Class Members submitted valid Claims and 22 has approved those claims. These Approved Claims are categorized as follows: 23 a) Section A only (without Proof of Purchase) = 158,501 24 b) Section B only (with Proof of Purchase) = 151 25 c) Section A and B (both with and without Proof of Purchase) = 599 26 DISTRIBUTION PROCESS 27 30. If the Court grants final approval of the Settlement, CPT will pay Cash Awards to 28 the Settlement Class Members who submitted Approved Claims. Payments will be in the form of

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1 a physical check or a direct deposit depending on the option Settlement Class Members chose on 2 their Claim Forms. Of the 159,251 Settlement Class Members who submitted Approved Claims, 3 141,458 will be issued a physical check and 17,793 will receive payment through direct deposit. 4 31. Pursuant to the Settlement Agreement approved by the Court’s Order of December 5 19, 2019, CPT will send Settlement Class Members who submitted Approved Claims payments 6 from the net amount available for Cash Awards from the Settlement Fund, after accounting for 7 payments of Mediation Expenses, Notice and Claim Administration Expenses, Fee Awards, and 8 Service Awards. CPT has calculated that available net amount as an estimated $1,550,285.24, as 9 set forth below:

10 Settlement Fund $3,800,000.00 1 11 Accrued Interest $8,144.61 Less Mediation Expenses ($7,756.25)2 12 Less Notice and Claim Administration Expenses ($475,000.00)3 Less Fee and Costs Award ($1,735,103.12)3 13 Less Service Awards to Plaintiffs ($40,000.00)3 14 Net Amount $1,550,285.24 1 Subject to increase. 15 2 Amount to be paid to Atkins Nutritionals, which following the execution of the Settlement Agreement, advanced the payment for mediation expenses. 16 3 Subject to approval by the Court. 17 32. Pursuant to the Settlement Agreement, Section III.B approved by the Courts’ Order 18 of December 19, 2019, each Settlement Class Member who submitted an Approved Claim 19 without Proof of Purchase (a “Section A” claim) is to receive an amount equal to 10% of the 20 average national purchase price for each More Than 10 Grams of Maltitol Product purchased, 21 subject to an individual Claim cap of $100, and each Settlement Class Member who submitted an 22 Approved Claim with Proof of Purchase (a “Section B” claim) is to receive an amount equal to 23 25% of the average national purchase price for each More Than 10 Grams of Maltitol Product 24 purchased. Both Section A and Section B claims also are subject to a pro-rata adjustment if the 25 aggregate amount of Approved Claims exceeds the Net Amount. 26 33. The aggregate amount of the 159,251 Approved Claims is $4,322,597.50. Because 27 this amount exceeded the Net Amount, Cash Awards are subject to the pro-rata adjustment. Based 28

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1 on CPT’s application of this adjustment using the Net Amount detailed above, Settlement Class 2 Members who submitted Approved “Section A” Claims only (without Proof of Purchase) will 3 receive an average payment of $9.71, with those payments ranging from $0.18 to $35.86, and 4 Settlement Class Members who submitted Approved “Section B” Claims only (with Proof of 5 Purchase) will receive an average payment of $22.69, with those payments ranging from $0.46 to 6 $522.96. Settlement Class Members who submitted both Approved “Section A and B” Claims 7 (both with and without Proof of Purchase) will receive an average payment of $13.82, with those 8 payments ranging from $0.64 to $130.78 9 34. The average payment for all Settlement Class Members who submitted an Approved 10 Claim is $9.73. 11 35. Pursuant to the Settlement Agreement, Section IV.C, CPT will issue payments to 12 Settlement Class Members with Approved Claims. Payments will be made within (30) days of the 13 Effective Date. Per the Settlement Agreement and the Court’s Order preliminarily approving that 14 Agreement, payments made by check must be negotiated by claimants within 90 days. 15 36. After the above accounting, an estimated $240.94 will remain from the Net Amount 16 that cannot be further distributed evenly among Settlement Class Members who submitted a valid 17 claim. This amount is subject to change based upon the Court’s approval of the Fee and Costs 18 Award, Notice and Claims Administration Expenses, Service Awards, and increase in accrued 19 interest in the Settlement Fund. 20 37. Subject to Court approval, and as instructed by the Parties, CPT will pay the total 21 amount of any uncashed checks and the remaining amount as described in the preceding two 22 paragraphs to the American Diabetes Association, as a cy pres recipient, on behalf of Atkins 23 Nutritionals. 24 CLAIMS ADMINISTRATION COSTS 25 38. As of the date of this declaration, CPT has invoiced and a been paid from the 26 Settlement Fund $150,000.00 for the Class Notice Supplemental Media Campaign expenses. 27 These funds were used to facilitate the issuance of the press release, creation and execution of 28 the digital marketing banner advertisement and paid social advertisement. Pursuant to its Master

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1 Agreement, proposal and statement of work associated with this matter, CPT will invoice an 2 additional amount of $325,000.00, totaling $475,000.00, for its services and expenses relating to, 3 among other things, the CAFA Notice, the initial case set up, establishment of the Settlement 4 website, toll-free number, direct mail notification, claims administration, and distribution of cash 5 awards, as further described above. As detailed in the accompanying invoice, CPT’s 6 administration fees and costs (including printing checks and postage) exceeded its estimate due 7 to the significant number of claims. At the parties’ request, CPT has discounted its final invoice 8 for its administration fees and costs to further promote payments to claimants. Attached hereto as 9 Exhibit I is a true and correct copy of the invoice representing the remaining fees and costs from 10 CPT. Pursuant to the Settlement Agreement, such amounts, if approved by the Court, will be 11 paid out of the Settlement Fund. 12 CONCLUSION 13 39. As detailed in the prior Declaration of Julie Green, CPT designed the Notice 14 Program to provide the Settlement Class with clear, concise, and plain language notice of their 15 legal rights and options under the Settlement and to meet requirements under Rule 23 of the 16 Federal Rules and Civil Procedure and due process along with satisfying the Judge’s Class 17 Action Notice and Claims Process Checklist and Plain Language Guide. CPT’s Notice Program 18 was consistent with similar effective, court-approved notice programs, and was designed to 19 provide the best notice practicable given the circumstances. Based on the actual reach of the 20 Class Notice Plan and the response of the Settlement Class, it is our professional opinion based 21 on our expertise and experience, that the reach of the target audience and the number of exposure 22 opportunities to the Class using a multi-channel-layered approach including digital marketing 23 banner advertisements, paid social media advertisement, distribution of a Nationwide press 24 release, and the Settlement website successfully reached (and provided them with the 25 information necessary to understand their rights and options) to an estimated 86% of the target 26 audience. 27 28

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1 I declare under penalty of perjury under the laws of the United States that the foregoing is 2 true and correct. 3 Executed on this 10th day of June, 2020 at Irvine, California. 4 5 6 7

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-13- DECLARATION OF ANI S. SARICH ON BEHALF OF CPT GROUP, INC. WITH RESPECT TO NOTIFICATION OF CLASS Case 2:18-cv-04004-MDHACTION LAWSUIT Document AND CLAIMS 49-1 VERIFICATION; Filed 06/10/20 CASE NO. 2:18Page-CV 15-04004 of- MDH104 US_Active\114948330\V-1

EXHIBIT A

Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 16 of 104 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI

If you purchased Atkins Nutritionals Products, a proposed class action settlement may affect your rights.

A federal court authorized this notice. This is not a solicitation from a lawyer.

 This Notice relates to a proposed settlement of three class action lawsuits captioned Smith v. Atkins Nutritionals, Inc., Case No. 2:18-CV-04004-MDH (the “Smith Case”), pending in the Western District of Missouri, Colella et al. v. Atkins Nutritionals, Inc., Case No. 17- cv-5867-KAM-SJB (the “Colella Case”), pending in the Eastern District of New York, and Fernandez v. Atkins Nutritionals, Inc., Case No. 3:17-cv-01628-GPC-WVG (the “Fernandez Case”), pending in the Southern District of California, all involving similar claims and which allege that statements on Atkins Nutritionals, Inc. (“Atkins Nutritionals”) products’ packaging and in advertisements misled consumers regarding the impact of sugar alcohols, including maltitol, on blood sugar levels. Atkins Nutritionals denies that it violated the law in any way, but the parties have agreed to resolve the lawsuits by a proposed settlement to avoid incurring further expenses and burdens related to these lawsuits. The proposed settlement has been submitted to the United States District Court for the Western District of Missouri (the Smith case) for approval.

 The proposed settlement affects individuals who purchased Atkins Nutritionals products that contained any sugar alcohol (including but not limited to maltitol) or polyol (including but not limited to glycerin) during the Purchase Period. The Purchase Period is from January 1, 2013 to the present for purchases in New York, Missouri and/or California, and from January 1, 2014 to the present for purchases in any other state.

 Your legal rights are affected whether you act or don’t act. Read this notice carefully.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT: SUBMIT A CLAIM FORM The only way to get a payment if you are eligible for one. If you do not want to be included in the case and the settlement, you must exclude yourself. This is called “opting out.” This is the only option that allows you to sue Atkins ASK TO BE EXCLUDED Nutritionals for the issues resolved by this proposed settlement. If you “opt out,” you will not be able to submit a claim. You may write to the Court about why you don’t like the OBJECT proposed settlement.

You may ask to speak in Court about the fairness of the GO TO A HEARING proposed settlement. If you do nothing and the Court approves this proposed settlement, you will not be able to sue Atkins Nutritionals DO NOTHING for the issues resolved by this proposed settlement, and you will get no payment under this settlement.

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 These rights and options – and the deadlines to exercise them – are explained in this notice.

 The Court in charge of this case still has to decide whether to approve the proposed settlement. Payments will be made to eligible class members if the Court approves the settlement and after appeals (if any) are resolved. Please be patient.

BASIC INFORMATION

1. Why did I get this notice?

This Notice has been posted for the benefit of potential members of the class. If you are uncertain about whether you are a member of the class after reviewing this Notice, you may view additional details about the lawsuits and the proposed settlement at www.ANIClassSettlement.com. You may also contact the Settlement Administrator (identified below) at (888) 531-0208 or Class Counsel (identified below) at (816) 945-7110 (Williams Dirks Dameron LLC).

This Notice has been posted because members of a class have the right to know about a proposed settlement of class action lawsuits in which they are class members, and about all of their options, before the Court decides whether to approve the settlement. If the Court approves the settlement, and after objections or appeals relating to the settlement are resolved, the benefits provided for by the settlement will be available to members of the class.

This Notice explains the lawsuits, the settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them. This Notice contains only a summary of the settlement.

The Court in charge of this proposed settlement is the United States District Court for the Western District of Missouri where the Smith Case is pending. The two other class actions (the Colella Case and the Fernandez Case), and the claims asserted in both of those cases, are also part of this settlement, and those cases have been “stayed,” or paused, pending the Western District of Missouri Court’s review of this settlement.

The plaintiffs are: Amanda Smith, Cheryl Fernandez, Joseph Colella, Joseph Timmerman, Kelly Styles Longo, Sandra Styles-Hovarth, Johanna Garcia, and Sharon Marie Betsill. Atkins Nutritionals is the Defendant in these cases.

2. What are the lawsuits about?

The lawsuits allege that Atkins Nutritionals’ representations related to its labeling, marketing, advertising, and sales of its products that contained any sugar alcohol (including but not limited to maltitol) or polyol (including but not limited to glycerin) were unfair, deceptive, and/or unlawful because, according to the plaintiffs, Atkins Nutritionals’ statement that sugar alcohols have a minimal impact on blood sugar is not accurate.

Atkins Nutritionals disputes Plaintiffs’ allegations, denies all liability to Plaintiffs and the class, and has asserted numerous defenses to these lawsuits. No court has found that Atkins Nutritionals has violated the law in any way. No court has found that Plaintiffs could recover any certain amount in this litigation.

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Although the Western District of Missouri Court has authorized notice to be given of the proposed settlement, this Notice does not express the opinion of the Court on the merits of the claims or defenses asserted by either side of the lawsuits.

3. Why are these class actions?

In a class action, one or more people called Class Representatives sue on behalf of other people who have similar claims. The people together are a “class” or “class members.” The customers who sued Atkins Nutritionals — and all the class members like them — are called Plaintiffs. The company they sued (in this case, Atkins Nutritionals) is called the Defendant. One court resolves the issues for everyone in the class – except for those who choose to exclude themselves from the class. The Class Representatives in this proposed settlement are Amanda Smith, Cheryl Fernandez, Joseph Colella, Joseph Timmerman, Kelly Styles Longo, Sandra Styles-Hovarth, Johanna Garcia, and Sharon Marie Betsill. U.S. District Judge Douglas Harpool is in charge of this proposed class action settlement.

4. Why is there a settlement?

The Court did not decide in favor of Plaintiffs or Atkins Nutritionals. Instead, both sides agreed to a settlement. That way, they avoid the cost and risks of a trial, the people affected will get injunctive relief, and eligible customers will receive compensation. The Class Representatives and their attorneys think the settlement is best for everyone.

WHO IS IN THE SETTLEMENT?

5. How do I know if I am a part of the settlement?

You are a part of the settlement if you purchased Atkins Nutritionals products that contained any sugar alcohol (including but not limited to maltitol) or polyol (including but not limited to glycerin) during the Purchase Period. The Purchase Period is from January 1, 2013 to the present for purchases in New York, Missouri and/or California, and from January 1, 2014 to the present for purchases in any other state. 6. Which Atkins Nutritionals products are included in the settlement?

All Atkins Nutritionals products that contained any sugar alcohol (including but not limited to maltitol) or polyol (including but not limited to glycerin) and were sold during the Purchase Period, including but not limited to: Dark Chocolate Almond Coconut Crunch; Caramel Double Chocolate Crunch; Dark Chocolate Decadence, Chocolate Coconut Bar, Peanut Butter Cups, Chocolate Peanut Candies, Chocolate Chip Cookie Dough, Chocolate Peanut Butter, Chocolate Peanut Butter Pretzel, Sweet & Salty Trail Mix, Classic Trail Mix, Caramel Chocolate Nut Roll, Coconut Almond Delight, Marshmallow Mudslide Bar, Chocolate Oatmeal Fiber, Chocolate Candies, Caramel Nut Chew Bar, Chocolate Caramel Mousse Bar, Chocolate Covered Almonds, Milk Chocolate Covered Squares, Peanut Caramel Cluster Bar, Strawberry Almond, Peanut Butter Granola, Blueberry Greek Yogurt, Chocolate Chip Granola, Cinnamon Bun, Cookies n’ Crème, Cashew Trail Mix, Chocolate Chip Crisp, Chocolate Hazelnut, Peanut Butter Fudge Crisp, Pecan Caramel Clusters, Milk Chocolate Caramel Squares, Nutty Fudge Brownie, Peanut Fudge Granola Bar, Mocha Almond Bar, Raspberry Chia Bar, Chocolate Almond Caramel Bar, Vanilla Pecan Crisp Bar, Lemon Bar, White Chocolate Macadamia Nut, Triple Chocolate Bar, Caramel

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Chocolate Peanut Nougat Bar, Cranberry Almond Bar, Peanut Butter Protein Wafer Crisp, Lemon Vanilla Protein Wafer Crisp, and Chocolate Mint Protein Wafer Crisp. The Purchase Period is from January 1, 2013 to the present for purchases in New York, Missouri and/or California, and from January 1, 2014 to the present for purchases in any other state.

As part of this settlement, Atkins Nutritionals has agreed to remove the statement that sugar alcohols “minimally impact blood sugar” from all of its products that contain any sugar alcohol (including but not limited to maltitol) or polyol (including but not limited to glycerin).

In addition, in connection with this settlement, Atkins Nutritionals has discontinued, or has agreed to discontinue within the next two (2) years, the following twelve (12) products containing sugar alcohols: Dark Chocolate Almond Delight Snack Bar; Dark Chocolate Decadence Bar; Classic Trail Mix; Marshmallow Mudslide Bar; Cinnamon Bun Meal Bar; Strawberry Almond Meal Bar; Chocolate Oatmeal Fiber Bar; Chocolate Hazelnut Snack; Sweet and Salty Trail Mix; Coconut Almond Delight; Dark Chocolate Almond Coconut Crunch; and Cashew Trail Mix.

Further, Atkins Nutritionals has discontinued, or has agreed to discontinue within the next two (2) years, the use of maltitol, a particular sugar alcohol, in the following nine (9) products: Chocolate Chip Granola Meal Bar; Chocolate Peanut Butter Meal Bar; Peanut Butter Granola Meal Bar; Blueberry Greek Yogurt Bar; Chocolate Peanut Butter Pretzel; Triple Chocolate Snack Bar; Caramel Double Chocolate Crunch Snack Bar; Chocolate Chip Crisp Snack Bar; and Cranberry Almond Snack Bar. Atkins Nutritionals also has agreed to endeavor in good faith to discontinue or reduce the amount of maltitol, within the next two (2) years in the following two (2) products: Caramel Nut Roll Snack Bar and Caramel Chocolate Peanut Nougat Snack Bar.

Finally, this settlement creates a settlement fund for cash awards to be paid to each member of the class who purchased one or more of the following products during the applicable time period and submits a valid claim form: Chocolate Covered Candies, Chocolate Peanut Candies, Milk Chocolate Caramel Squares, Peanut Butter Cups, and Chocolate Caramel Mousse bars (the “More Than 10 Grams Of Maltitol Products”).

If you are uncertain as to whether you are a member of the class, additional information is available at www.ANIClassSettlement.com. You may also contact the Settlement Administrator at (888) 531-0208 or Class Counsel at (816) 945-7110 (Williams Dirks Dameron LLC) to find out more information.

THE SETTLEMENT BENEFITS

7. What does the settlement provide?

The settlement provides several benefits. As described above, Atkins Nutritionals has agreed to: (1) change its labels to remove the allegedly incorrect statements about the impact of sugar alcohols and polyols on blood sugar, (2) discontinue several products containing sugar alcohols, (3) reformulate several products to reduce or eliminate maltitol, (4) create a settlement fund for payments to class members who purchased the More Than 10 Grams Of Maltitol Products, and (5) as described below, to potentially make a donation to the American Diabetes Association. The first three benefits (relabeling, discontinuance, and reformulation) are sometimes referred to as “injunctive relief.” The fourth benefit is sometimes referred to as monetary or cash compensation. The fifth benefit is sometimes referred to as “cy pres” relief.

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The costs to Atkins Nutritionals of relabeling, discontinuance, and reformulation are at least $3 million. The value of that injunctive relief is more than that. The cash settlement fund from which monetary or cash compensation may be paid is $3.8 million. If the total amount of cash awards is less than $500,000, then Atkins Nutritionals will pay the difference up to $500,000 to the American Diabetes Association as the charitable, cy pres recipient.

The Settlement Administrator will make payments to eligible class members from the settlement fund as follows:

 Each class member who provides evidence of purchase of a More Than 10 Grams Of Maltitol Product during the Purchase Period, including a qualifying claim form and a proof of purchase, will receive an amount equal to the 25% of the average national purchase price for each More Than 10 Grams Of Maltitol Product. There is no individual cap or maximum that class members in this category can recover, subject to pro rata adjustments in the event that the total amount of all approved claims, attorneys’ fees and costs, Class Representative service awards, and class settlement administration costs exceeds the amount in the settlement fund.

 Each class member who provides evidence of purchase of a More Than 10 Grams Of Maltitol Product during the Purchase Period in the form of only a claim form (but without proof of purchase) will receive an amount equal to 10% of the average national purchase price for each More Than 10 Grams Of Maltitol Product. Class members in this category are limited to $100 per class member in aggregate cash awards, which also are subject to pro rata adjustments in the event that the total of all approved claims, attorneys’ fees and costs, Class Representative service awards, and class settlement administration costs exceeds the amount in the settlement fund.

 The average national purchase prices of the More Than 10 Grams Of Maltitol Products are as follows: o Chocolate Covered Candies . 5-pack (5 oz) boxes: $5.14 o Chocolate Peanut Candies . 5-pack (6 oz) boxes: $5.21 . 12-pack +1 (15.6 oz) boxes: $10.92 o Milk Chocolate Caramel Squares . 5-pack (6.1 oz) boxes: $5.13 o Peanut Butter Cups . 5-pack (6 oz) boxes: $5.33 . 12-pack +1 (15.6 oz) boxes: $9.12 o Chocolate Caramel Mousse bars . 5-pack (6.1 oz) boxes: $5.24

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The following chart summarizes the claim and payment process:

IF YOU PURCHASED AN ATKINS NUTRITIONALS PRODUCT CONTAINING MORE THAN 10 GRAMS OF MALTITOL:

You Must Submit a Do you have Proof of Claim Form to Payment Purchase (Yes or No)? Recover Money

You will receive up to 25% of the average national purchase price for each More Than 10 Grams Of If you do have proof of Maltitol Product that you purchased. purchase for your Atkins

Nutritionals products: There will be no individual cap or limit on the amount of recovery for these purchases. Submit a properly completed claim form

You will receive up to 10% of the average national purchase price for If you do not have proof of each More Than 10 Grams Of purchase for your Atkins Maltitol Product that you purchased. Nutritionals products: Your recovery will be limited to $100 for these purchases.

HOW YOU GET A PAYMENT – SUBMITTING A CLAIM FORM

8. How can I get a payment?

To receive a payment, you must have purchased one or more of the More Than 10 Grams Of Maltitol Products and submit a claim form to the Claims Administrator, which is available on this website. You may complete, electronically sign, and submit the claim form, and upload any proofs of purchase, by visiting the website at www.ANIClassSettlement.com. You may also print the claim form from this website and mail the completed and signed claim form, along with any proofs of purchase, to the Claims Administrator at:

Smith, et al. v. Atkins Nutritionals, Inc. c/o CPT Group, Inc. 50 Corporate Park Irvine, CA 92606

The claim form and any proofs of purchase must be postmarked or submitted online NO LATER THAN APRIL 27, 2020.

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9. When would I get my payment?

The Court will hold a hearing on JUNE 25, 2020 at 11:00 a.m. in Courtroom 4B at the following location:

U.S. District Court for the Western District of Missouri 80 Lafayette Street Jefferson City, Missouri 65101

The Court will decide at the hearing whether to finally approve the settlement. If the settlement is approved, there may be appeals which may take additional time to resolve. Payments to members of the class will be made only if the settlement is approved and after any appeals are final. This may take some time, so please be patient.

EXCLUDING YOURSELF FROM THE SETTLEMENT

If you want to keep the right to sue or continue to sue Atkins Nutritionals, on your own, about the issues to be resolved by this proposed settlement, then you must take steps to exclude yourself. This is called “opting out” of the class.

10. How do I get out of the settlement?

To ask to be excluded, you must submit a request for exclusion to the Claims Administrator indicating that you want to be excluded from the Class. Be sure to include your name, address, telephone number, and signature. You must mail your exclusion request postmarked no later than April 27, 2020 to the Claims Administrator at:

Smith, et al. v. Atkins Nutritionals, Inc. c/o CPT Group, Inc. 50 Corporate Park Irvine, CA 92606

You cannot exclude yourself on the phone or by email. If you submit a request for exclusion, you will not get any settlement payment that you may have been eligible to receive, and you cannot object to the settlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) Atkins Nutritionals in the future.

11. If I don’t exclude myself, can I sue Atkins Nutritionals for the same thing later?

No. Unless you exclude yourself, you give up any right to sue Atkins Nutritionals for the claims that this settlement resolves and that are described in the Release in the Settlement Agreement, available at www.ANIClassSettlement.com. If you have a pending lawsuit against Atkins Nutritionals, speak to your lawyer in that case immediately. You may have to exclude yourself from this Class to continue your own lawsuit. Remember, the exclusion deadline is April 27, 2020.

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12. If I exclude myself, can I get monetary benefits from this settlement?

No. If you exclude yourself, you are not eligible to submit a claim form or to receive any money in this settlement. But, you may sue, continue to sue, or be part of a different lawsuit against Atkins Nutritionals, whether seeking monetary or injunctive relief.

THE LAWYERS REPRESENTING YOU

13. Do I have a lawyer in this case?

The Court decided that the law firm Williams Dirks Dameron LLC is qualified to represent you and all other class members. These lawyers are called “Class Counsel.” You will not be charged for these lawyers. More information about the law firm, their practices, and their lawyers’ experience is available at: www.williamsdirks.com. Their phone number is: (816) 945-7110 (Williams Dirks Dameron LLC).

Class Counsel represents the interests of the Settlement Class. You may hire your own attorney to advise you, but if you hire your own attorney, you will be responsible for paying that attorney’s fees.

14. How will the lawyers be paid?

Class Counsel will ask the Court for attorneys’ fees and out-of-pocket expenses incurred during the case, in an amount not to exceed twenty-five percent (25%) of the total settlement value, defined for purposes of this request as $6.8 million and will also seek service payments of $40,000 total for the Class Representatives. The Court may award attorneys’ fees, expenses, and service awards less than these requested amounts. Atkins Nutritionals has agreed not to oppose these requests for fees, expenses, and service awards.

OBJECTING TO THE PROPOSED SETTLEMENT

You can tell the Court that you don’t agree with the settlement or some part of it.

15. How do I tell the Court that I don’t like settlement?

If you are a Class Member, you can object to the settlement if you do not like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your view.

To object, you must file or send a written objection to the Court and the lawyers identified below saying that you object to the settlement in Smith v. Atkins Nutritionals, Inc., No. 18-4004. The written statement must include: (a) your full name, address and telephone number and those of your counsel, if any; (b) all objections and a statement of any evidence you may wish to introduce in support of your objections; (c) a statement as to whether you intend to appear at the Final Approval Hearing; (d) your signature; (e) the case name and case number (Amanda Smith, individually and as a representative of the class v. Atkins Nutritionals, Inc., Case No. 2:18-cv- 04004-MDH); and (f) a list of any other objections submitted by you or your counsel to any class actions submitted in any state or federal court in the United States in the previous five years. The written statement shall also include an averment under penalty of perjury that you purchased an Atkins Nutritionals product that contained a sugar alcohol or a polyol during the Purchase Period,

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which is from January 1, 2013 to the present for purchases in New York, Missouri and/or California, and from January 1, 2014 to the present for purchases in any other state.

Mail the objection to each of these places no later than April 27, 2020:

The Court: U.S. District Court for the Western District of Missouri Clerk’s Office 80 Lafayette Street Jefferson City, Missouri 65101

Class Counsel: Matthew Dameron Williams Dirks Dameron LLC 1100 Main Street, Suite 2600 Kansas City, Missouri 64105

Defense Counsel: Michael J. Duvall Dentons US LLP 601 South Figueroa Street, Suite 2500 Los Angeles, California 90017-5704

All objections must be postmarked no later than April 27, 2020 to be valid. Any member of the Settlement Class who does not file and serve an objection in the time and manner described above will not be permitted to raise that objection later.

16. What’s the difference between objecting and excluding?

Objecting is simply telling the Court that you don’t like something about the settlement. You can object only if you stay in the settlement. Excluding yourself is telling the Court that you do not want to be part of the settlement. If you exclude yourself, you have no basis to object because the lawsuit and settlement no longer affect you.

THE COURT’S FAIRNESS HEARING

The Court will hold a hearing to decide whether to approve the settlement. You may attend and you may ask to speak, but you don’t have to.

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

The Court will hold a fairness hearing on June 25, 2020 at 11:00 a.m. in Courtroom 4B at the U.S. District Court for the Western District of Missouri, 80 Lafayette Street, Jefferson City, Missouri 65101. The purpose of the hearing is to determine the fairness, reasonableness, and adequacy of the terms of the settlement, including the payment of Class Counsel’s fees and expenses and any service awards to the Class Representatives. If there are objections, the Court will consider them. Judge Harpool will listen to people who have asked to speak at the hearing. After the hearing, the Court will decide whether to approve the settlement.

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18. Do I have to come to the hearing?

No. Class Counsel will represent the class at the hearing, but you are welcome to come at your own expense. If you send any objection, you do not 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 your own lawyer to attend, if you wish, but it’s not necessary.

19. May I speak at the hearing?

You may ask the Court for permission to speak at the hearing. To do so, you must send a letter saying that it is your “Notice of Intention to Appear in Smith v. Atkins Nutritionals, Inc.” Be sure to include your name, address, telephone number and your signature.

Your Notice of Intention to Appear must be postmarked no later than April 27, 2020, and be sent to the Clerk of the Court, Class Counsel and Defense Counsel, at the addresses on pages 9-10, in question 15. You cannot speak at the hearing if you excluded yourself.

IF YOU DO NOTHING

20. What happens if I do nothing at all?

If you do nothing, you will remain part of the settlement class, release your claims against Atkins Nutritionals described in the settlement agreement, and get no money from this settlement that you may have been eligible to receive. Unless you exclude yourself, you won’t be able to start a new lawsuit, continue with a lawsuit, or be part of any other lawsuit against Atkins Nutritionals about the issues resolved by the proposed settlement, ever again.

GETTING MORE INFORMATION

21. Are there more details available?

This Notice is only a summary. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement by visiting the website at www.ANIClassSettlement.com, or you can request them from Class Counsel identified in question 13.

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EXHIBIT B

Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 27 of 104 CLAIM FORM

To make a claim under the Settlement, you must complete this form and submit it online, at www.ANIClassSettlement.com, or mail it to the Settlement Administrator at the address at the bottom of this form. Your Claim Form must be submitted online, or mailed to the Settlement Administrator, by April 27, 2020. Any claims postmarked or electronically submitted after April 27, 2020 will be ineligible for a payment. The information you provide in the Claim Form will not be disclosed to anyone other than the Settlement Administrator, the Court, and the Parties in this case, and it will be used only for purposes of administering this Settlement (such as to review a claim for completeness, truth, and accuracy).

You can submit a Claim Form if you purchased Atkins Nutritionals products containing more than 10 grams of maltitol (specifically, Atkins Nutritionals’ Chocolate Covered Candies, Chocolate Peanut Candies, Milk Chocolate Caramel Squares, Peanut Butter Cups, or Chocolate Caramel Mousse bars, collectively, the “More Than 10 Grams of Maltitol Products”) during the Purchase Period, which is defined as either: (1) January 1, 2013 to April 27, 2020, if you purchased the products in New York, California or Missouri; or (2) January 1, 2014 to April 27, 2020, if you purchased the products in any other U.S. states or territories.

Settlement Class Members who seek payment from the Settlement must complete and return this Claim Form. Before you complete and submit this Claim Form by mail or online, you should read and be familiar with the Settlement Notice available at www.ANIClassSettlement.com. Completed Claim Forms can be submitted via the Settlement Website, www.ANIClassSettlement.com, or mailed to the Settlement Administrator at:

Smith, et al. v. Atkins Nutritionals, Inc. c/o CPT Group, Inc. 50 Corporate Park Irvine, CA 92606

Claim Forms must be SUBMITTED ONLINE, OR MAILED TO THE SETTLEMENT ADMINISTRATOR, POSTMARKED OR SUBMITTED NO LATER THAN APRIL 27, 2020.

If you fail to timely submit a Claim Form, you may be precluded from any monetary recovery from the Settlement Fund. If you are a member of the Settlement Class and you do not timely and validly seek to “opt-out” from the Settlement Class, you will be bound by any judgment entered by the Court approving the Settlement regardless of whether you submit a Claim Form, as explained in the Settlement Notice.

Instructions for completing this form. Please fill out the information requested below. If the information you provide is incomplete, your claim may be rejected. You must fill out all of the portions of the Claim Form applicable to all of the purchases for which you seek a Cash Award, as addressed below.

A. If you do not have Proof of Purchase* for one or more of your purchases of the More Than 10 Grams of Maltitol Products, then complete Section A for those purchases.

B. If you have Proof of Purchase* for one or more of your purchases of the More Than 10 Grams of Maltitol Products, then complete Section B for those purchases. You may complete both Sections A and B if you have Proof of Purchase for some, but not all, of the products that you purchased.

*Proof of Purchase means originals, copies, or images of receipts, product packaging, or other documentation from a commercial source reasonably establishing your purchase during the applicable Purchase Period.

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Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 28 of 104

CLAIMANT INFORMATION

Name: (First) (Middle Initial) (Last)

Current Address: (Street)

(City) (State) (Zip Code)

Email Address: ______

Mark the box stating your preferred method of payment:

[ ] Payment via a Settlement Check - If selecting this option, please double-check that the address information above is correct and current.

[ ] Direct Deposit - If selecting this option, please double-check that the email address provided above is correct and current. The Claims Administer will further contact you using your e-mail address to set up any Direct Deposit.

SECTION A Complete If You Have One or More Purchases Without Proof of Purchase

1. Please check the box for each of the More than 10 Grams of Maltitol Products that you purchased during the Purchase Period, and write the total number of boxes of each product that you purchased for which you are not submitting Proof of Purchase.

□ Chocolate Covered Candies

Number of 5-pack (5 oz) boxes purchased during the Purchase Period:

□ Chocolate Peanut Candies

Number of 5-pack (6 oz) boxes purchased during the Purchase Period:

Number of 12-pack +1 unit (15.6 oz) boxes purchased during the Purchase Period:

□ Milk Chocolate Caramel Squares

Number of 5-pack (6.1 oz) boxes purchased during the Purchase Period:

□ Peanut Butter Cups

Number of 5-pack (6 oz) boxes purchased during the Purchase Period:

Number of 12-pack +1 (15.6 oz) boxes purchased during the Purchase Period:

□ Chocolate Caramel Mousse Bars

Number of 5-pack (6 oz) boxes purchased during the Purchase Period:

2. □ Check this box to confirm that the purchases you identified in response to Question A.1 were either:

• made by you in New York, California or Missouri on or after January 1, 2013; and/or • made by you in the United States on or after January 1, 2014.

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Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 29 of 104 SECTION B Complete If You Have One or More Purchases With Proof of Purchase

1. Please check the box for each of the More than 10 Grams of Maltitol Products that you purchased during the Purchase Period, and identify the total number of boxes of each product that you purchased for which you are submitting Proof of Purchase.

□ Chocolate Covered Candies

Number of 5-pack (5 oz) boxes purchased during the Purchase Period:

□ Chocolate Peanut Candies

Number of 5-pack (6 oz) boxes purchased during the Purchase Period:

Number of 12-pack +1 (15.6 oz) boxes purchased during the Purchase Period:

□ Milk Chocolate Caramel Squares

Number of 5-pack (6.1 oz) boxes purchased during the Purchase Period:

□ Peanut Butter Cups

Number of 5-pack (6 oz) boxes purchased during the Purchase Period:

Number of 12-pack +1 (15.6 oz) boxes purchased during the Purchase Period:

□ Chocolate Caramel Mousse Bars

Number of 5-pack (6 oz) boxes purchased during the Purchase Period:

Click [here] to upload your Proof(s) of Purchase. *Proof of Purchase means originals, copies, or images of receipts, product packaging, or other documentation from a commercial source reasonably establishing your purchase during the applicable Purchase Period. If you are mailing your Claim Form, be sure to enclose your Proof(s) of Purchase.

2. □ Check this box to confirm that the purchases you identified in response to Question B.1 were either:

• made by you in New York, California or Missouri on or after January 1, 2013; and/or • made by you in the United States on or after January 1, 2014.

ATTESTATION

By submitting this Claim Form and signing below, I hereby affirm under penalty of perjury that I am at least 18 years of age and that the information provided above, and in any attached, enclosed, or uploaded Proof of Purchase, is true and correct.

Signature: Date:

Your claim will be submitted to the Settlement Print Name: Administrator for review. If you are eligible for a Cash Award, and the proposed settlement is approved, you will be provided payment in the manner you requested above. This process takes time; please be patient. Reminder Checklist: 1. Please complete all the information requested above and sign the Claim Form. 2. Enclose, or upload, your Proof(s) of Purchase, if you have any, along with the Claim Form. 3. Keep a copy of your Claim Form and supporting documentation for your records.

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Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 30 of 104 SUBMIT THIS CLAIM FORM ELECTRONICALLY AT WWW.ANICLASSSETTLEMENT.COM

OR MAIL TO:

Smith, et al. v. Atkins Nutritionals, Inc. c/o CPT Group, Inc. 50 Corporate Park Irvine, CA 92606

TO BE ELIGIBLE FOR PAYMENT CLAIM FORMS MUST BE ELECTRONICALLY SUBMITTED OR MAILED (POSTMARKED) NO LATER THAN:

APRIL 27, 2020

If you have questions, visit www.ANIClassSettlement.com or call (888) 531-0208.

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EXHIBIT C

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EXHIBIT D

Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 49 of 104 1/16/2020 2694197-1-1_Proof.html

Proposed Settlement of Class Action Lawsuit: Smith, et al. v. Atkins Nutritionals, Inc. (W.D. Mo.) Announced by CPT Group, Inc.

IRVINE, Calif., Jan. 17, 2020 /PRNewswire/ -- CPT Group, Inc. announced today that the United States District Court for the Western District of Missouri has preliminarily approved a proposed nationwide settlement in Smith, et al. v. Atkins Nutritionals, Inc., No. 2:18-CV- 04004-MDH, a class action alleging that Atkins Nutritionals' representations in its labeling, marketing, advertising, and sales of its products that contained any sugar alcohol (including but not limited to maltitol) or polyol (including but not limited to glycerin) were unfair, deceptive, and/or unlawful because, according to the plaintiffs, Atkins Nutritionals' statement that sugar alcohols have a minimal impact on blood sugar is not accurate. While agreeing to the settlement, Atkins Nutritionals disputes the allegations in the lawsuit and denies liability to the plaintiffs and the settlement class. No court has found that Atkins Nutritionals violated the law in any way.

The settlement agreement includes agreements by Atkins Nutritionals to relabel products containing sugar alcohols or polyols, reformulate certain products to reduce or eliminate maltitol, discontinue certain products, and keep these changes in place for set, minimum periods of time. The settlement agreement also establishes a $3.8 million settlement fund to pay claims by settlement class members, administration costs of the settlement, the plaintiffs' attorneys' fees and costs, and service awards to the named plaintiffs.

If you purchased Atkins products that contained any sugar alcohol (including but not limited to maltitol) or polyol during the "Purchase Period," you are part of the settlement class (a "Class Member"). The Purchase Period is from January 1, 2013 to April 27, 2020 for purchases in New York, Missouri and/or California, and from January 1, 2014 to April 27, 2020 for purchases in any other state.

Under the settlement agreement, Class Members are entitled to a cash payment from the settlement fund for their purchases of any of the following Atkins products during the Purchase Period: Chocolate Covered Candies, Chocolate Peanut Candies, Milk Chocolate Caramel Squares, Peanut Butter Cups, and Chocolate Caramel Mousse bars (the "More Than 10 Grams Of Maltitol Products"). Class Members who timely submit a valid claim form with qualifying proof of purchase of the More Than 10 Grams of Maltitol Products during the applicable Purchase Period will receive an amount equal to 25% of the average national purchase price for each More Than 10 Grams Of Maltitol Product evidenced by the proof of purchase. Class Members who timely submit a valid claim form without qualifying proof of purchase will receive an amount equal to 10% of the average national purchase price for each More Than 10 Grams of Maltitol Product purchased during the applicable Purchase Period, with total recovery capped at $100. To recover a cash payment, Class Members must submit a Claim Form by April 27, 2020. Claim Forms can be found at www.ANIClassSettlement.com or can be requested by calling 1-888-531-0208.

If you are a Class Member and want to keep the right to sue or continue to sue Atkins Nutritionals on your own about the issues to be resolved by the proposed settlement, you must submit a written Request for Exclusion. If you submit a Request for Exclusion, you will not get any settlement payment that you may have been eligible to receive, and you cannot object to the settlement. Any Request for Exclusion will need to include your name, address, telephone number and signature and be mailed, postmarked no later than April 27, 2020, to Smith, et al. v. Atkins Nutritionals, Inc. c/o CPT Group, Inc., 50 Corporate Park, Irvine, CA 92606.

If you are a Class Member, you also can object to the settlement. An objection must be submitted to the Court by April 27, 2020. Class members who exclude themselves from the settlement cannot also object.

This is only a summary of the settlement. More details are in the settlement agreement. To obtain a copy of the settlement agreement or learn more about the proposed settlement, please visit www.ANIClassSettlement.com or contact the settlement administrator at 1-888- 531-0208.

Contact: CPT Group, Inc. Smith, et al. v. Atkins Nutritionals, Inc. Settlement Administrator 50 Corporate Park Irvine, Calif. 92606 1-888-531-0208

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EXHIBIT E

Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 52 of 104 Proposed Settlement of Class Action Lawsuit: Smith, et al. v. Atkins Nutritionals, Inc. (W.D. Mo.) Announced by CPT Group, Inc.

English PR Newswire ID: 2694197-1 Clear Time Jan 17, 2020 1:13 PM ET

Assets What did I send with my releases?

Pickup Where did my release get picked up? 152 97,716,857 total pickup total potential audience

Traffic What traffic did my release generate? 2,169 3,604 3,366 615 release views release web crawler hits image views image web crawler hits

Audience Who are the audiences viewing my release? 91 143 722 946 media views organization views targeted influencers Associated Press outlets

Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 53 of 104 Engagement How are people engaging with my release?

587 total engagement actions

3 584 shares click-throughs

Industry Benchmarks On a scale of 1 - 100, how this release performed compared to other similar releases.

69 total visibility

88 84 34 pickup traffic audience

98 engagement

Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 54 of 104 Pickup

Overview

TOTAL PICKUP 152 TOTAL POTENTIAL AUDIENCE 97M

Exact Match 152 postings Exact Match 97M visitors

Total Pickup Over Time Total pickup since your content was distributed 1000

100 t n u o C

p u

k 10 c i P

l a t o T

1

0 17 Jan 18 Jan 20 Jan 21 Jan 23 Jan

Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 55 of 104 Total Pickup by Source Type Total Pickup by Industry

Broadcast Media (48/31.6%) Media & Information (112/73.7%) Newspaper (46/30.3%) Financial (21/13.8%) Online News Sites & Other Influencers (28/18.4%) Retail & Consumer (9/5.9%) Blog (9/5.9%) Business Services (2/1.3%) Financial News Service (8/5.3%) Multicultural & Demographic (2/1.3%) Other (13/8.6%) Other (6/3.9%)

Exact Match Pickup Exact matches are full text postings of your content which we have found in the online and social media that we monitor. Understand how it is calculated.

Total Exact Matches: 152 Total Potential Audience: 97,716,857.

Logo Outlet Name Location Source Type Industry Potential Audience

Seeking Alpha United Financial News Service Financial 23,955,702 Online  View Release States visitors/month

MarketWatch United Financial News Service Financial 16,341,607 Online  View Release States visitors/month

Morningstar Global Financial Data, Financial 9,442,294 Online  View Release Research & Analytics visitors/month

PR Newswire Global PR Newswire Media & 9,372,666 Online  View Release Information visitors/month

Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 56 of 104 AP NEWS [The Associated Press] United News & Information Media & 8,453,616 Online  View Release States Service Information visitors/month

Tulsa World [Tulsa, OK] United Newspaper Media & 3,846,247 Online  View Release States Information visitors/month

WFMZ-TV IND-69 [Allentown, PA] United Broadcast Media Media & 2,098,364 Online  View Release States Information visitors/month

KOTV-TV CBS-6 [Tulsa, OK] United Broadcast Media Media & 2,056,942 Online  View Release States Information visitors/month

Spoke United News & Information Business Services 1,894,937 Online  View Release States Service visitors/month

Yahoo! Finance Global Online News Sites & Media & 1,834,222 Online  View Release Other Influencers Information visitors/month

Daily Herald [Chicago, IL] United Newspaper Media & 1,555,913 Online  View Release States Information visitors/month

Buffalo News [Buffalo, NY] United Newspaper Media & 1,537,817 Online  View Release States Information visitors/month

Benzinga United Online News Sites & Financial 1,537,078 Online  View Release States Other Influencers visitors/month

The Roanoke Times [Roanoke, VA] United Newspaper Media & 1,530,649 Online  View Release States Information visitors/month

StreetInsider United Online News Sites & Financial 1,527,279 Online  View Release States Other Influencers visitors/month

WDRB-TV FOX [Louisville, KY] United Broadcast Media Media & 1,177,366 Online  View Release States Information visitors/month

KWTV-TV CBS-9 [Oklahoma City, OK] United Broadcast Media Media & 854,368 Online  View Release States Information visitors/month

KAKE-TV ABC [Wichita, KS] United Broadcast Media Media & 848,576 Online  View Release States Information visitors/month

Minyanville United Online News Sites & Financial 455,400 Online  View Release States Other Influencers visitors/month

Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 57 of 104 WBOC-TV CBS-16 [Salisbury, MD] United Broadcast Media Media & 433,550 Online  View Release States Information visitors/month

One News Page Global Edition Global Online News Sites & Media & 433,131 Online  View Release Other Influencers Information visitors/month

WRCB-TV NBC-3 [Chattanooga, TN] United Broadcast Media Media & 430,946 Online  View Release States Information visitors/month

NewsBlaze US United Online News Sites & Media & 189,533 Online  View Release States Other Influencers Information visitors/month

St. Joseph News-Press United Newspaper Media & 187,576 Online  View Release States Information visitors/month

Daily Local News United Newspaper Media & 186,451 Online  View Release States Information visitors/month

Dothan Eagle [Dothan, AL] United Newspaper Media & 186,183 Online  View Release States Information visitors/month

Marietta Daily Journal [Marietta, GA] United Newspaper Media & 186,023 Online  View Release States Information visitors/month

WZVN-TV ABC-7 [Fort Myers, FL] United Broadcast Media Media & 183,723 Online  View Release States Information visitors/month

Mercury United Newspaper Media & 182,303 Online  View Release States Information visitors/month

myMotherLode.com [Sonora, CA] United Newspaper Media & 181,414 Online  View Release States Information visitors/month

KTVN-TV CBS-2 [Reno, NV] United Broadcast Media Media & 157,502 Online  View Release States Information visitors/month

WFMJ-TV NBC-21 [Youngstown, OH] United Broadcast Media Media & 157,337 Online  View Release States Information visitors/month

WRAL-TV CBS-5 [Raleigh, NC] United Broadcast Media Media & 156,085 Online  View Release States Information visitors/month

Townhall Finance United Financial News Service Media & 156,085 Online  View Release States Information visitors/month

Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 58 of 104 Tamar Securities United Online News Sites & Financial 156,085 Online  View Release States Other Influencers visitors/month

FinancialContent - PR Newswire United Financial News Service Media & 156,085 Online  View Release States Information visitors/month

IBTimes United Newspaper Media & 156,085 Online  View Release States Information visitors/month

Rockford Register Star [Rockford, IL] United Newspaper Media & 156,085 Online  View Release States Information visitors/month

Great American Financial Resources United News & Information Financial 156,085 Online  View Release States Service visitors/month

Franklin Credit Management United Online News Sites & Financial 156,085 Online  View Release States Other Influencers visitors/month

Value Investing News United Financial News Service Financial 156,085 Online  View Release States visitors/month

Dow Theory Letters United Banking & Financial Financial 156,085 Online  View Release States Institutions visitors/month

Daily Penny Alerts United Online News Sites & Financial 156,085 Online  View Release States Other Influencers visitors/month

KVOR 740-AM [Colorado Springs, CO] United Broadcast Media Media & 156,085 Online  View Release States Information visitors/month

Benefit Plans Administrative Services United Online News Sites & Financial 156,085 Online  View Release States Other Influencers visitors/month

Ascensus United Online News Sites & Financial 156,085 Online  View Release States Other Influencers visitors/month

1st Discount Brokerage United Financial News Service Financial 156,085 Online  View Release States visitors/month

WLNE-TV ABC-6 [Providence, RI] United Broadcast Media Media & 151,699 Online  View Release States Information visitors/month

Daily Journal [Tupelo, MS] United Newspaper Media & 150,670 Online  View Release States Information visitors/month

Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 59 of 104 KLKN-TV ABC-8 [Lincoln, NE] United Broadcast Media Media & 150,562 Online  View Release States Information visitors/month

WICU-TV NBC-12 / WSEE-TV CBS-35 [Erie, United Broadcast Media Media & 146,051 PA] States Information visitors/month Online  View Release

The Chronicle Journal [Thunder Bay, ON] Canada Newspaper Media & 132,751 Online  View Release Information visitors/month

Ticker Technologies United Financial News Service Financial 95,258 Online  View Release States visitors/month

InvestorPoint.com United Trade Publications Financial 82,761 Online  View Release States visitors/month

RFD-TV [Nashville, TN] United Broadcast Media Media & 75,301 Online  View Release States Information visitors/month

Daily American [Somerset, PA] United Newspaper Media & 69,212 Online  View Release States Information visitors/month

The Record [Troy, NY] United Newspaper Media & 64,233 Online  View Release States Information visitors/month

WENY-TV [Horseheads, NY] United Broadcast Media Media & 58,862 Online  View Release States Information visitors/month

The Progress News [Clearfield, PA] United Newspaper Media & 54,456 Online  View Release States Information visitors/month

My Silly Little Gang United Blog-Parental Retail & Consumer 52,674 Online  View Release States Influencers visitors/month

WICZ-TV FOX-40 [Binghamton, NY] United Broadcast Media Media & 45,701 Online  View Release States Information visitors/month

Bucks Local News United Newspaper Media & 42,856 Online  View Release States Information visitors/month

The Courier Express [DuBois, PA] United Newspaper Media & 36,488 Online  View Release States Information visitors/month

Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 60 of 104 Daily Times Leader [West Point, MS] United Newspaper Media & 36,386 Online  View Release States Information visitors/month

The Pilot News [Plymouth, IN] United Newspaper Media & 34,197 Online  View Release States Information visitors/month

Starkville Daily News [Starkville, MS] United Newspaper Media & 32,336 Online  View Release States Information visitors/month

Frugal Novice United Blog Retail & Consumer 32,080 Online  View Release States visitors/month

Metals Channel United News & Information Industrial 28,635 Online  View Release States Service visitors/month

Suncoast News Network [Sarasota, FL] United Broadcast Media Media & 26,660 Online  View Release States Information visitors/month

The Saline Courier [Benton, AR] United Newspaper Media & 15,041 Online  View Release States Information visitors/month

Decatur Daily Democrat [Decatur, IN] United Newspaper Media & 13,983 Online  View Release States Information visitors/month

The Observer News Enterprise [Newton, United Newspaper Media & 13,763 NC] States Information visitors/month Online  View Release

Axcess News United Online News Sites & Media & 13,491 Online  View Release States Other Influencers Information visitors/month

The Punxsutawney Spirit [Punxsutawney, United Newspaper Media & 13,490 PA] States Information visitors/month Online  View Release

Mammoth Times [Mammoth Lakes, CA] United Newspaper Media & 13,060 Online  View Release States Information visitors/month

A Rain of Thought United Blog Entertainment 13,019 Online  View Release States visitors/month

Inyo Register [Bishop, CA] United Newspaper Media & 12,530 Online  View Release States Information visitors/month

KFAQ-AM 1170 [Tulsa, OK] United Broadcast Media Media & 12,484 Online  View Release States Information visitors/month

Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 61 of 104 Malvern Daily Record [Malvern, AR] United Newspaper Media & 12,331 Online  View Release States Information visitors/month

Borger News Herald [Borger, TX] United Newspaper Media & 12,090 Online  View Release States Information visitors/month

Ridgway Record [Ridgway, PA] United Newspaper Media & 11,964 Online  View Release States Information visitors/month

ProfitQuotes United Financial News Service Financial 10,356 Online  View Release States visitors/month

100.7-FM The Score [Lubbock, TX] United Broadcast Media Media & 10,156 Online  View Release States Information visitors/month

KTTU-FM 97.3 Double T [Lubbock, TX] United Broadcast Media Media & 9,802 Online  View Release States Information visitors/month

The Evening Leader [St. Marys, OH] United Newspaper Media & 9,060 Online  View Release States Information visitors/month

Poteau Daily News [Poteau, OK] United Newspaper Media & 8,430 Online  View Release States Information visitors/month

Wine Diva Lifestyle United Blog - Spirits, Cocktails, Retail & Consumer 8,195 Online  View Release States Beer & Wine visitors/month

Ask.com United Online News Sites & Media & 8,120 Online  View Release States Other Influencers Information visitors/month

KQCW-TV CW-12/19 [Tulsa, OK] United Broadcast Media Media & 7,815 Online  View Release States Information visitors/month

AngelaCARES United Online News Sites & Medical/Healthcare 7,749 Online  View Release States Other Influencers visitors/month

California Latino News United News & Information Multicultural & 7,688 Online  View Release States Service Demographic visitors/month

Telemundo Lubbock [Lubbock, TX] United Broadcast Media Media & 6,981 Online  View Release States Information visitors/month

JetSetting Fashionista United Blog Travel & Leisure 6,806 Online  View Release States visitors/month

Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 62 of 104 Quirky Chrissy United Blog Retail & Consumer 6,623 Online  View Release States visitors/month

Mystery Shopping Teacher United Blog Retail & Consumer 6,596 Online  View Release States visitors/month

KXTQ-FM 106.5 Magic [Lubbock, TX] United Broadcast Media Media & 6,565 Online  View Release States Information visitors/month

Tactics Magazine for Shopping Centers Canada Trade Publications Retail & Consumer 6,528 Online  View Release visitors/month

Latin Business Today United Online News Sites & Multicultural & 6,493 Online  View Release States Other Influencers Demographic visitors/month

KJTV-TV FOX-34 [Lubbock, TX] United Broadcast Media Media & 6,310 Online  View Release States Information visitors/month

WBOC-TV FOX-21 [Salisbury, MD] United Broadcast Media Media & 6,182 Online  View Release States Information visitors/month

KLCW-TV Lubbock CW [Lubbock, TX] United Broadcast Media Media & 5,892 Online  View Release States Information visitors/month

Sweetwater Reporter [Sweetwater, TX] United Newspaper Media & 5,097 Online  View Release States Information visitors/month

KVOO-FM 98.5 [Tulsa, OK] United Broadcast Media Media & 4,388 Online  View Release States Information visitors/month

Warren and Hunterdon Counties CityRoom United Online News Sites & Media & 3,768 [Warren County, NJ] States Other Influencers Information visitors/month Online  View Release

Orange County CityRoom [Annaheim, CA] United Online News Sites & Media & 3,768 Online  View Release States Other Influencers Information visitors/month

El Paso CityRoom [El Paso, TX] United Online News Sites & Media & 3,768 Online  View Release States Other Influencers Information visitors/month

Valley City Times-Record [Valley City, ND] United Newspaper Media & 3,320 Online  View Release States Information visitors/month

The Morning News [Blackfoot, ID] United Newspaper Media & 2,703 Online  View Release States Information visitors/month

Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 63 of 104 KLZK-FM 107.7 YES FM [Lubbock, TX] United Broadcast Media Media & 2,476 Online  View Release States Information visitors/month

The Antlers American [Antlers, OK] United Newspaper Media & 2,353 Online  View Release States Information visitors/month

Fat Pitch Financials United Online News Sites & Financial 2,251 Online  View Release States Other Influencers visitors/month

The Kane Republican [Kane, PA] United Newspaper Media & 2,177 Online  View Release States Information visitors/month

KMYL-TV MyLubbock-TV [Lubbock, TX] United Broadcast Media Media & 1,781 Online  View Release States Information visitors/month

Oldies 97.7 FM [Lubbock, TX] United Broadcast Media Media & 1,716 Online  View Release States Information visitors/month

KLBB-FM 93.7 The Eagle [Lubbock, TX] United Broadcast Media Media & 1,680 Online  View Release States Information visitors/month

Minster Community Post [Minster, OH] United Newspaper Media & 1,592 Online  View Release States Information visitors/month

What Faith Can Do United Blog-Parental Policy & Public 1,224 Online  View Release States Influencers Interest visitors/month

Wapakoneta Daily News [Wapakoneta, OH] United Newspaper Media & 1,097 Online  View Release States Information visitors/month

Manhattanweek United Online News Sites & Media & 931 Online  View Release States Other Influencers Information visitors/month

The Deer Park Tribune [Deer Park, WA] United Newspaper Media & 895 Online  View Release States Information visitors/month

FElizFOODIE United Blog Retail & Consumer 883 Online  View Release States visitors/month

The Post and Mail [Columbia City, IN] United Newspaper Media & 626 Online  View Release States Information visitors/month

Cookistry's Kitchen Gadget and Food United Blog Retail & Consumer 431 Reviews States visitors/month Online  View Release

Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 64 of 104 Oklahoman [Oklahoma City, OK] United Newspaper Media & 227 Online  View Release States Information visitors/month

Pittsburgh Post-Gazette [Pittsburgh, PA] United Newspaper Media & 193 Online  View Release States Information visitors/month

Marketplace United Broadcast Media Media & 69 visitors/month Online  View Release States Information

Maria Liberati United Blog Retail & Consumer 24 visitors/month Online  View Release States

Journal News Today United Online News Sites & Media & 7 visitors/month Online  View Release States Other Influencers Information

Jotup Global Online News Sites & Business Services Online  View Release Other Influencers

Invertir USA United Online News Sites & Media & Online  View Release States Other Influencers Information

Folsom Local News [Folsom, CA] United Online News Sites & Media & Online  View Release States Other Influencers Information

1stCounsel United Online News Sites & Policy & Public Online  View Release States Other Influencers Interest

WRDE-TV CBS [Milton, DE] United Broadcast Media Media & Online  View Release States Information

One News Page Unites States Edition United Online News Sites & Media & Online  View Release States Other Influencers Information

96.9-FM The Bull [Lubbock, TX] United Broadcast Media Media & Online  View Release States Information

KHTT-FM 106.9 [Tulsa, OK] United Broadcast Media Media & Online  View Release States Information

KJUN-TV / KFOL-TV HTV10 [Houma, LA] United Broadcast Media Media & Online  View Release States Information

DatelineCarolina United Online News Sites & Media & Online  View Release States Other Influencers Information

Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 65 of 104 KXBL-FM 99.5 [Tulsa, OK] United Broadcast Media Media & Online  View Release States Information

KBEZ-FM 92.9 [Tulsa, OK] United Broadcast Media Media & Online  View Release States Information

T.U.B Investing Singapore Blog Financial Online  View Release

NCN: Southeast - News Channel Nebraska United Broadcast Media Media & [Beatrice, NE] States Information Online  View Release

NCN: River Country - United Broadcast Media Media & NewsChannelNebraska [Nebraska City, NE] States Information Online  View Release

NCN: Platte Valley - News Channel United Broadcast Media Media & Nebraska [Columbus, NE] States Information Online  View Release

NCN: Panhandle - News Channel Nebraska United Broadcast Media Media & [Grand Island, NE] States Information Online  View Release

NCN: Northeast - News Channel Nebraska United Broadcast Media Media & [Norfolk, NE] States Information Online  View Release

NCN: Mid-Plains - News Channel Nebraska United Broadcast Media Media & [Grand Island, NE] States Information Online  View Release

NCN: Metro - News Channel Nebraska United Broadcast Media Media & [Omaha, NE] States Information Online  View Release

Winslow, Evans & Crocker United Online News Sites & Financial Online  View Release States Other Influencers

NCN: Central - News Channel Nebraska United Broadcast Media Media & [Grand Island, NE] States Information Online  View Release

The Daily Press [St. Marys, PA] United Newspaper Media & Online  View Release States Information

Big Spring Herald [Big Spring, TX] United Newspaper Media & Online  View Release States Information

Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 66 of 104 Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 67 of 104 Traffic

Overview

RELEASE VIEWS & HITS 5.8K MULTIMEDIA 4K

Release Views 2.2K Image Views 3.4K Image Web Crawlers 615 Media Views 91

Public Views 2.1K Partner Sites 201

PR Newswire Channels 1.9K

Release Web Crawler Hits 3.6K

Release Views Release Views Over Time

10000

Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 68 of 104 1000

238 136 160 s 90 108 w 100 78 66 76

e 59 58 57 i 48 44 48 43 V 37 35 30 e 21 24 22 s 20 16 16 a 12 13 14 e 11 11 l 8 9 9 9 e 10 7 7 7

R 5 4 4 3

1

0 b n b b b n b b n n b b b b n n n n b b e a e e e a e e a a e e e e a a a a e e J J J J J J J J F F F F F F F F F F F F

3 5 7 7 9 9 1 1 2 2 2 4 4 4 6 6 8 8 0 0 2 2 1 2 1 2 2 3 2 0 1 2 0 1 0 1 0 1 1 2

Cumulative Media Views Partner Sites PRN Properties

Media Views on PR Newswire for Journalists Top 10 Outlets

Winsight (1) 1

No Vacancy Ne… 1

The Industry Hig… 1

MMP USA (1) 1

KABC-TV (1) 1

Grocery Busine… 1

The Hangry Wo… 1

Freelance (1) 1

Industry Dive (1) 1

PR Newswire (1) 1

0 1 2

Views

Views on Partner Sites

Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 69 of 104 Top 10 Sites

WFMZ-TV IND-… 39

Benzinga (32) 32

Not Available (28) 28

Daily Local New… 11

Bucks Local Ne… 5

Ask.com (5) 5

California Latino … 4

ADVFN German… 4

Spoke (3) 3

Marietta Daily Jo… 3

0 20 40 60

Views

Traffic to PR Newswire Properties

Type of Views Views

Type Views

Desktop Views 629

Mobile/Tablet Views 1,248

Total Views on PR Newswire Properties 1,877

Desktop Views Mobile/Tablet Views

External Traffic Sources Understand how viewers found your release.

Source Type Source Instances

Direct 147

Direct Direct 147

 Search Engine (5) 1,590

Total 1,877 Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 70 of 104 Source Type Source Instances

Search Engine Google 1,579

Search Engine Ask.com 5

Search Engine Bing 3

Search Engine Yahoo! 2

Search Engine DuckDuckGo 1 Direct Search Engine  Social Media (1) 68 Social Media PR Newswire Properties Social Media Facebook 68 Other Sites

 PR Newswire Properties (1) 49

PR Newswire Properties prnewswire.com 49

 Other Sites (7) 23

Other Sites genius.com 11

Other Sites advisen.atlassian.net 4

Other Sites genius-com.cdn.ampproject.org 3

Other Sites owler.com 2

Other Sites search.earthlink.net 1

Other Sites inoreader.com 1

Other Sites emoji.srchmbl.com 1

Total 1,877

Search Engine Keywords The search terms that visitors to your release use to find it. Note that Google increasingly does not make this data available.

Google keywords not available: 1569

Search Search Term Instances Engine

Google : www.aniclasssettlement.co 1

atkins class action suit 1

atkins lawsuit 1

smith class action settlement atkins nutritional class acti9n 2 smith class action suit smith class action smith's class-action. com 3 class action no proof 2020 smith class action settlement suit 1 how many atkins bars can yo... The rest Total 18

Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 71 of 104 Search Search Term Instances Engine

https://www.prnewswire.com/news-releases/proposed-settlement-of- 1 class-action-lawsuit-smith-et-al-v-atkins-nutritionals-inc-wd-mo- announced-by-cpt-group-inc-300988417.html

Bing class action no proof 2020 1

how many atkins bars can you claim for the settlement without proof 1 of purchase

smith v. atkins nutritionals inc 1

Ask Not Available 1 Jeeves

smith class action settlement 2

smith class action suit 1

smith class action 1

Total 18

Multimedia Views

Image Views & Hits

Image Image Archive Views Web Crawler Hits Total

View Image 3,366 615 3,981

Total 3,366 615 3,981

* Image views are the total number of human views of the image as it appeared on this release. Web Crawler Hits are the number of spider and bot hits to the image and are cumulative from the original date of distribution.

Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 72 of 104 Audience

Overview

VIEWS FROM IDENTIFIED AUDIENCES AP & INFLUENCER LIST RECIPIENTS 234 1.7K

Media Views 91 Wire Distribution / AP Outlets 946

Organization Views 143 Targeted Influencers 722

Audience Summary

Media Demographics A break down of the industries covered, the media types and the locations of the journalists & bloggers accessing your release on PR Newswire for Journalists.

Top Industries Top Media Types Top Locations 60 40

50 30

40

30 20

20 10

10

0 0 United States r r r s e l e e e r t c s t s y i a

i Canada t p g e n r v e g c c i r r a g h e o t u W l d e u p o / l t m d s o o United Kingdom O S i e a n B

r o n i w c r e e e h a e n t P F n c P r Switzerland i

a N

r l e e L e t - e e T d n n e

m Netherlands r a E O u r F / s T b

n The rest e o W C

Geo-segmentation Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 73 of 104 See where views of your release originated. Hover over map to see totals by location. Select a region: World View

> 0 1 - 10 10 - 30 30 - 100 100 - 300 300 - 1 000 > 1 000

> 0 1 - 10 10 - 30 30 - 100 100 - 300 300 - 1 000 > 1 000

Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 74 of 104 > 0 1 - 10 10 - 30 30 - 100 100 - 300 300 - 1 000 > 1 000

> 0 1 - 10 10 - 30 30 - 100 100 - 300 300 - 1 000 > 1 000

Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 75 of 104 > 0 1 - 10 10 - 30 30 - 100 100 - 300 300 - 1 000 > 1 000

> 0 1 - 10 10 - 30 30 - 100 100 - 300 300 - 1 000 > 1 000

Audience Details Media Views See the details of each media outlet from PR Newswire for Journalists that viewed your release.

Views Outlet Industry Source Type Location 

Winsight Auto, Consumer Products, Technology Trade Periodicals United 1 States

Total 91 Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 76 of 104 No Vacancy News Travel Blogger, Consumer Periodicals, United 1 Freelance/Writer, Newspaper, States Other, Radio, Television, Trade Periodicals, Web/On-Line Service, Wire Service

The Industry Highlighter Broadcast, Entertainment, Features, Media Web/On-Line Service United 1 States

MMP USA Consumer Products, Financial Services, Television United 1 Healthcare, Technology States

KABC-TV Consumer Products, Entertainment, Features, Freelance/Writer, Television United 1 Media, Sports, Technology, Travel States

Grocery Business Magazine General Business Trade Periodicals Canada 1

The Hangry Woman Consumer Products, Travel Blogger, Freelance/Writer United 1 States

Freelance Consumer Products, Entertainment, Features Blogger, Freelance/Writer United 1 States

Industry Dive Auto, Broadcast, Consumer Products, Energy, Web/On-Line Service United 1 Entertainment, Environment, Features, Financial States Services, General Business, Healthcare, Heavy Industry, Media, Other, Public Issues, Sports, Technology, Transportation, Travel

PR Newswire Sports Web/On-Line Service, Wire United 1 Service States

Food Dive Consumer Products Trade Periodicals United 1 States

D Magazine Partners General Business Consumer Periodicals United 1 States

Industry Dive Other Trade Periodicals United 1 States

My College Style 101 Auto, Broadcast, Consumer Products, Energy, Blogger United 1 Entertainment, Environment, Features, Financial States Services, General Business, Healthcare, Heavy Industry, Media, Other, Public Issues, Sports, Technology, Transportation, Travel

Argus Media Group Auto, Broadcast, Consumer Products, Energy, Web/On-Line Service United 1 Entertainment, Environment, Features, Financial States Services, General Business, Healthcare, Heavy Industry, Media, Other, Public Issues, Sports, Technology, Transportation, Travel

Word Geek Media Auto, Broadcast, Consumer Products, Energy, Freelance/Writer United 1 Entertainment, Environment, Features, Financial States Services, General Business, Healthcare, Heavy Industry, Media, Other, Public Issues, Sports, Technology, Transportation, Travel

All She Cooks Consumer Products, Entertainment, Features, Blogger United 1 Other, Sports, Travel States

SFGATE Broadcast, Entertainment, Features, Healthcare, Newspaper United 1 Media, Public Issues, Technology, Travel States

Total 91 Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 77 of 104 HRImag General Business Trade Periodicals Canada 1

MMP USA Consumer Products, Environment, General Television United 1 Business, Healthcare, Technology, Travel States

Retail Leader Media Trade Periodicals United 1 States

Glacier Farm Media Consumer Products, Environment, Features, Trade Periodicals Canada 1 General Business, Media, Other, Technology

ABC Auto, Broadcast, Consumer Products, Energy, Television United 1 Entertainment, Environment, Features, Financial States Services, General Business, Healthcare, Heavy Industry, Media, Other, Public Issues, Sports, Technology, Transportation, Travel

Institut Européen de Entertainment, Environment, Other, Public Issues Freelance/Writer, Newspaper France 1 journalisme

Tennessee Free Journalism Entertainment, Environment, Features, General Freelance/Writer, Newspaper United 1 Project Business, Healthcare, Heavy Industry, Public States Issues, Sports, Technology, Travel

Freelance: FE News, The Auto, Broadcast, Consumer Products, Energy, Consumer Periodicals, United 1 Orchard at Tesco Entertainment, Environment, Features, Financial Freelance/Writer, Newspaper, Kingdom Services, General Business, Healthcare, Heavy Radio, Television, Trade Industry, Media, Public Issues, Sports, Periodicals, Web/On-Line Technology, Transportation, Travel Service, Wire Service

NBC News Auto, Consumer Products, Financial Services, Television, Web/On-Line Service United 1 General Business, Media, Other, Public Issues, States Technology

KrazzyMag Auto, Entertainment, Environment, Financial Blogger, Other, Web/On-Line India 1 Services, General Business, Healthcare, Media, Service Public Issues, Sports, Technology, Travel

BlissFireMedia Consumer Products, Entertainment, Environment, Blogger, Consumer Periodicals, United 1 Features, Healthcare, Media, Other, Public Freelance/Writer, Other, States Issues, Technology Web/On-Line Service

KHON2 Auto, Broadcast, Consumer Products, Energy, Television, Web/On-Line Service United 1 Entertainment, Environment, Features, Financial States Services, General Business, Healthcare, Heavy Industry, Media, Other, Public Issues, Technology, Transportation, Travel

Perry Daily Journal Features, Other, Public Issues Freelance/Writer United 1 States

CNN Consumer Products, Environment, General Web/On-Line Service United 1 Business States

Content Canada Other Freelance/Writer Canada 1

Shelby Publishing Other Trade Periodicals United 1 States

The Hip Hop Geek Broadcast, Consumer Products, Entertainment, Blogger United 1 Environment, Features, Financial Services, States General Business, Healthcare, Media, Other, Public Issues, Sports, Technology, Transportation, Travel

Total 91 Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 78 of 104 Delion Environment, Financial Services, General Blogger, Newspaper Canada 1 Business, Other, Technology

Yahoo Canada Broadcast, Consumer Products, Entertainment, Web/On-Line Service Canada 1 Environment, Features, General Business, Healthcare, Heavy Industry, Media, Public Issues, Technology, Travel

FreshOut.Today Auto, Consumer Products, Entertainment, Web/On-Line Service Vietnam 1 Features, Healthcare, Technology

Nation's Restaurant News Features, General Business, Other Trade Periodicals, Web/On-Line United 1 Service States

Global Legal Post Other Blogger United 1 Kingdom

Habeck Media Co. Consumer Products, Travel Blogger United 1 States

Law360 (Portfolio Media) Energy Web/On-Line Service United 1 States

Sipa USA Auto, Broadcast, Consumer Products, Energy, Wire Service United 1 Entertainment, Environment, Features, Financial States Services, General Business, Healthcare, Heavy Industry, Media, Other, Public Issues, Sports, Technology, Transportation, Travel

Cision (PR Newswire) Auto, Broadcast, Consumer Products, Energy, Blogger, Consumer Periodicals, United 1 Entertainment, Environment, Features, Financial Freelance/Writer, Newspaper, States Services, General Business, Healthcare, Heavy Other, Radio, Television, Trade Industry, Media, Other, Public Issues, Sports, Periodicals, Web/On-Line Technology, Transportation, Travel Service, Wire Service

Real EFood Auto, Broadcast, Consumer Products, Energy, Blogger, Consumer Periodicals, United 1 Entertainment, Environment, Features, Financial Freelance/Writer, Newspaper, States Services, General Business, Healthcare, Heavy Other, Radio, Television, Trade Industry, Media, Other, Public Issues, Sports, Periodicals, Web/On-Line Technology, Transportation, Travel Service, Wire Service

Real eFood Consumer Products, Financial Services, General Web/On-Line Service United 1 Business, Healthcare, Other, Technology States

Kingsport Times-New Other Newspaper United 1 States

Today's Grocer Other Trade Periodicals United 1 States

Economic Review Auto, Energy, Features, Financial Services, Freelance/Writer, Newspaper, Pakistan 1 Media, Public Issues, Sports Trade Periodicals

SNL Energy Energy Trade Periodicals United 1 States

Randall-Reilly Publishing Co. Transportation Trade Periodicals United 1 States

Meatingplace in Print, online Other Trade Periodicals, Web/On-Line United 1 Service States

News Aktuell Other Wire Service Switzerland 1

Total 91

Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 79 of 104 Houston Chronicle Features Newspaper United 1 States

Freelancer Entertainment, Features, Healthcare Freelance/Writer, Newspaper United 1 States

Record Gazette Entertainment, General Business, Media, Public Newspaper United 1 Issues States heart & soul Entertainment, Healthcare, Travel Consumer Periodicals, Radio, United 1 Web/On-Line Service States

PR Technology Other Malaysia 1

St. Louis Business Journal Consumer Products, Energy, Financial Services, Newspaper United 1 Healthcare, Other, Technology, Transportation, States Travel

WSAZ Financial Services Television United 1 States

Formula 4 Media / Sports Broadcast, Consumer Products, Entertainment, Blogger, Consumer Periodicals, United 1 Insight Extra Healthcare, Media, Sports Freelance/Writer, Other, States Web/On-Line Service, Wire Service

Slice Publications Ltd Other Other New 1 Zealand

New York 1 News Other Television United 1 States

Walla Walla Union Bulletin Features, Healthcare, Technology Newspaper United 1 States

Freelancer Other Trade Periodicals United 1 States http://gay_blog.blogspot.com/ Other, Travel Web/On-Line Service United 1 States

Feather River Bulletin Other Newspaper United 1 States

Coelum Other Consumer Periodicals, Web/On- Italy 1 Line Service

Okinawa Marine Broadcast, Environment, Features, Financial Freelance/Writer, Newspaper, Japan 1 Services, Media, Public Issues, Technology, Web/On-Line Service, Wire Transportation, Travel Service

NY DAILY NEWS Auto, Broadcast, Consumer Products, Energy, Newspaper, Web/On-Line United 1 Entertainment, Environment, Features, Financial Service States Services, General Business, Healthcare, Heavy Industry, Media, Other, Public Issues, Sports, Technology, Transportation, Travel

NRIT media Auto, Consumer Products, Entertainment, Sports, Trade Periodicals, Web/On-Line Netherlands 1 Technology, Travel Service

Total 91

Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 80 of 104 ISoVegas Auto, Broadcast, Consumer Products, Energy, Blogger United 1 Entertainment, Environment, Features, Financial States Services, General Business, Healthcare, Heavy Industry, Media, Other, Public Issues, Sports, Technology, Transportation, Travel

Advantage Business Media Other Consumer Periodicals United 1 States

Pacific Northwest Inlander Consumer Products, Entertainment, Environment, Blogger, Newspaper United 1 Features, Media, Public Issues, Sports, States Technology, Travel

Daily News Other Other South 1 Africa

Cognizant Auto, General Business Blogger Brazil 1

NewsRx Auto, Broadcast, Consumer Products, Energy, Web/On-Line Service United 1 Entertainment, Environment, Features, Financial States Services, General Business, Healthcare, Heavy Industry, Media, Other, Public Issues, Sports, Technology, Transportation, Travel

Retail Gazette Auto, Broadcast, Consumer Products, Energy, Blogger, Consumer Periodicals, United 1 Entertainment, Environment, Features, Financial Freelance/Writer, Newspaper, Kingdom Services, General Business, Healthcare, Heavy Other, Radio, Television, Trade Industry, Media, Other, Public Issues, Sports, Periodicals, Web/On-Line Technology, Transportation, Travel Service, Wire Service

Linkator Ltd Auto, Broadcast, Consumer Products, Energy, Web/On-Line Service United 1 Entertainment, Environment, Features, Financial Kingdom Services, General Business, Healthcare, Heavy Industry, Media, Other, Public Issues, Sports, Technology, Transportation, Travel

Bloomberg News Other Wire Service Netherlands 1

Life According to Lina Consumer Products, Entertainment, Media, Blogger, Freelance/Writer, United 1 Other, Technology, Travel Web/On-Line Service States

Gaceta UNAM Environment, Features, Healthcare, Media, Public Newspaper, Web/On-Line Mexico 1 Issues, Sports, Travel Service

Khaleej Times Features, Travel Blogger, Newspaper, Radio, United Arab 1 Web/On-Line Service Emirates

Fitness And The Foodie Consumer Products, Entertainment, Other, Travel Blogger United 1 States setxDigital Consumer Products, Entertainment, Other Blogger, Web/On-Line Service United 1 States

The Kyle & Jackie O Show Broadcast, Consumer Products, Entertainment, Radio Australia 1 Features, Media, Other, Public Issues, Technology

Just the Two of Us and Deals Consumer Products, Entertainment, Features, Blogger United 1 Media, Other, Public Issues, Technology States

Sing Tao Daily Toronto Other Newspaper Canada 1 Edition

Total 91

Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 81 of 104 EMS Chemie AG Auto, Consumer Products, General Business, Other Switzerland 1 Technology

http://venicedispatch.info Auto, Broadcast, Consumer Products, Energy, Web/On-Line Service United 1 Entertainment, Environment, Features, Financial States Services, General Business, Healthcare, Heavy Industry, Media, Other, Public Issues, Sports, Technology, Transportation, Travel

Missouri Business Pulse Auto, Energy, Environment, Financial Services, Other, Web/On-Line Service United 1 General Business, Healthcare, Heavy Industry, States Other, Public Issues, Technology, Transportation

Total 91

Organization Views See which organizations have viewed your release

Organization Headquarters Visitor Location Parent Organization Industry Views

Atkins Nutritionals, Inc 1225 17th St , UNITED 4 STATES

Atalaya Capital 780 Third Avenue , UNITED 3 STATES

Euroweb Romania SA Romania ROMANIA 3

JPMorgan Chase & Co. 120 Broadway , United States UNITED Chase Financial Services 3 STATES

City of Monroe 215 N. Broad St , United States UNITED City of Monroe Government 3 STATES

123Systems 55 S Market Street , United States UNITED 123Systems Telecommunications 2 STATES

TowardEX Technologies International, Inc. One Marina Park Drive, 14th Floor , United States UNITED 2 STATES

Dentons US LLP 233 S Wacker Dr, Suite#7800 , United States UNITED Dentons LLP Business Services 2 STATES

BUSINESS COMPUTER ANSWERS INC 5225 SHERIDAN DR STE 1 , United States UNITED 2 STATES

Armstrong ONE Armstrong Place , United States UNITED 2 STATES

Fourway Computer Products, Inc. 51601 State Road 933 N , United States UNITED Fourway Computer Telecommunications 2 STATES Products Inc

Wells Fargo & Company 420 Montgomery ST , United States UNITED Wells Fargo & Company Financial Services 2 STATES

Astrea 105 Kent Street , United States UNITED Astrea Creative 2 STATES

Department of Veterans Affairs 810 Vermont Ave., NW , United States UNITED Department of Veterans Government 2 STATES Affairs

General Electric Company Internet Registrations , United States UNITED General Electric Manufacturing 2 STATES Company

Opoint AS Akersgata 28 A Sentrum , Norwegian SWEDEN Opoint AS Software & Internet 1

VOLOCOM SRL Via Luigi Rizzo, 8/1 , Italy ITALY 1

Total 143 Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 82 of 104 IVYTech Community College of Indiana 9301 East 59th Street , United States UNITED Ivy Tech Community Education 1 STATES College

Thomson Reuters U.S. LLC One Station Place Metro Center , United States UNITED Thomson Reuters Media & Entertainment 1 STATES Corporation

Georgetown University 37th and O Streets, NW , United States UNITED Georgetown University Education 1 STATES

OU - ISS Inc. 655 Research Parkway , United States UNITED 1 STATES

Meltwater News US1 Inc. 175 Federal St , UNITED 1 STATES

Facebook, Inc. 1601 Willow Rd. , United States NETHERLANDS Facebook Software & Internet 1

Robbins Geller Rudman & Dowd LLP 655 West Broadway , UNITED 1 STATES

Boise State University 1910 University Drive OIT , United States UNITED Boise State University Education 1 STATES

QLT UNIV OF MD MAX 5825 University Research Ct Suite 2500 , United UNITED 1 States STATES

Lake Geauga Computer Association 8221 Auburn Road , United States UNITED Lake & Geauga Non-Profit 1 STATES Computer Association

M1 LIMITED 10 International Business Park , Singapore SINGAPORE 1

BIN Thomas04122013120738802 Hosting Center Address , UNITED 1 STATES

PUTMAN MEDIA 1501 WOODFIELD RD , United States UNITED Putman Media Inc Media & Entertainment 1 STATES

Thomson Reuters (Legal) Inc. 610 Opperman Dr , United States UNITED Thomson Reuters Media & Entertainment 1 STATES Corporation

NETSKOPE INC 2445 AUGUSTINE DR , United States UNITED Netskope Inc 1 STATES

MNS PROPERTY GROUP,LLC 1200 OLD 210 HWY , United States UNITED 1 STATES

Kilpatrick Townsend & Stockton LLP 180 Peachtree Street , UNITED Kilpatrick Townsend & Law Firms & Legal 1 STATES Stockton LLP Services

Dallas County 1649 West Frankford Rd. , United States UNITED Dallas County Insurance 1 STATES

SIMMONS COOPER 401 ALTON STREET , United States UNITED Simmons Cooper LLC 1 STATES

RightClick 1221 E. Dyer Road, Suite 225 , United States UNITED Right Click Inc Business Services 1 STATES

SAUCON TECHNOLOGIES, INC 2455 Baglyos Circle , United States UNITED Saucon Technologies Inc Software & Internet 1 STATES

Army & Air Force Exchange Service 3911 South Walton Walker Blvd. , United States UNITED AAFES Travel, Recreation, and 1 STATES Leisure

Susquehanna University 514 University Avenue , United States UNITED Susquehanna University Education 1 STATES

SecureVision PO Box 839 , United States UNITED 1 STATES

CLARKSVILLE DEPARTMENT OF 2021 Wilma Rudolph Blvd. , United States UNITED Clarksville Department Energy & Utilities 1 ELECTRICITY STATES of Electricity

Total 143

Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 83 of 104 Harris County Hospital District 2525 Holly Hall , United States UNITED Ben Taub General Healthcare, 1 STATES Hospital Pharmaceuticals, & Biotech

Trustmark Corporation 248 E Capitol St , United States UNITED 1 STATES

XIMPLE SOLUTIONS LL United States UNITED 1 STATES

State of Alabama - Unified Judicial System 300 Dexter Ave , United States UNITED Government 1 STATES

Kelsey-Seybold Clinic 11511 Shadow Creek Pkwy , United States UNITED Kelsey-Seybold Clinic Healthcare, 1 STATES Pharmaceuticals, & Biotech

King & Spalding 191 Peachtreet Street, SW , United States UNITED King & Spalding LLP Law Firms & Legal 1 STATES Services

Community-Technical Colleges, State of 61 Woodland St. , United States UNITED Connecticut State Education 1 Connecticut STATES University System

One Call Care Management 841 Prudential Drive. 4th Fl. , UNITED 1 STATES

Northwestern University Leverone Hall #G-166 2001 Sheridan Rd , United UNITED Northwestern University Education 1 States STATES

State of Arizona 100 N. 15th Ave., Suite 400 , United States UNITED Government 1 STATES

Orlando Health, INC 1414 Kuhl Ave, , United States UNITED Orlando Health Inc Healthcare, 1 STATES Pharmaceuticals, & Biotech

The University of Alabama A301 Gordon Palmer Hall Box 870346 , United UNITED University of Alabama Education 1 States STATES

LAC + USC Medical Center 1200 N. STATE STREET , United States UNITED LAC/USC Medical Healthcare, 1 STATES Center Pharmaceuticals, & Biotech

North Shore Long Island Jewish Health 972 Brush Hollow Rd. , United States UNITED Northwell Health Healthcare, 1 System STATES Pharmaceuticals & Biotech

Compass Bank 701 South 32nd Street , United States UNITED BBVA Compass Financial Services 1 STATES

Madison County Illinois 157 N Main St , United States UNITED Government 1 STATES

THE MULTIPLE SCLEROSIS CENTER 3200 DOWNWOOD CIR NW , United States UNITED 1 STATES

GRMT-MORMAN-TRAIL-SCHOOLS 403 S. Front Street , United States UNITED Mormon Trail Education 1 STATES

The Health Alliance of Greater Cincinnati 3200 Burnet Ave , United States UNITED The Health Alliance Healthcare, 1 STATES Pharmaceuticals, & Biotech

California State University, Office of the 401 Golden Shore , United States UNITED California State Education 1 Chancellor STATES University

W.W. Grainger, Inc. 100 Grainger Parkway , United States UNITED W.W. Grainger , Inc. Manufacturing 1 STATES

Towers Watson Pennsylvania Inc. 901 N Glebe Road , United States UNITED Watson Wyatt Business Services 1 STATES Worldwide, Inc.

Educators Credit Union 501 West State Hwy 6 , United States UNITED 1 STATES

Total 143 Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 84 of 104 Activision Publishing, Inc. 3100 Ocean Park Blvd. , United States UNITED Activision , Inc. Manufacturing 1 STATES

Cisco Systems, Inc. 170 West Tasman Drive , United States UNITED Cisco Systems Inc Manufacturing 1 STATES

RAA Data Services, Inc. 9168 Steubenville Pike Rd. , UNITED 1 STATES

Symantec Corporation 350 Ellis Street , United States UNITED Symantec Corporation Software & Internet 1 STATES

St. Joseph's College P.O. Box 909 , United States UNITED Education 1 STATES

CBS Corporation 524 West 57th Street , United States UNITED CBS News Media & Entertainment 1 STATES

Townsquare Media LLC 900 Third Avenue. 3rd Fl. , UNITED 1 STATES

Eversheds Sutherland (US) LLP 999 Peachtree Road N E , United States UNITED 1 STATES

Goose Creek Consolidated ISD 4544 East Freeway , United States UNITED Goose Creek CISD Education 1 STATES

Fifth Third Bank 38 Fountain sq , United States UNITED Fifth Third Bank Financial Services 1 STATES

MICHIGAN FIRST CREDIT UNION 7700 PURITAN , United States UNITED Michigan First Credit Financial Services 1 STATES Union

Alight 4 OVERLOOK POINT , United States UNITED 1 STATES

Pfizer Inc. 235 E. 42nd Street , United States UNITED Pfizer Inc Healthcare, 1 STATES Pharmaceuticals, & Biotech

Pride Healthcare, Inc 182 Susquehanna Ave. , United States UNITED PRIDE HEALTHCARE Healthcare, 1 STATES BENEFITS Pharmaceuticals, & Biotech

Surgere, Inc. 5399 Lauby Rd , United States UNITED Surgere Inc Manufacturing 1 STATES

WESTAFF 419 W 49TH ST , United States UNITED Westaff Inc Business Services 1 STATES

Merck and Co., Inc. 126 East Lincoln Avenue , United States UNITED Merck & Co. , Inc. Healthcare, 1 STATES Pharmaceuticals, & Biotech

Northern Illinois University Division of Information Technology , United States UNITED Northern Illinois Education 1 STATES University

Arvest Hosting Center Address , UNITED 1 STATES

Ohio Transmission Corporation 1900 Jetway Blvd , United States UNITED OTP Industrial Solutions Manufacturing 1 STATES

Member Driven Technologies 7415 Chicago Rd , United States UNITED Member Driven Software & Internet 1 STATES Technologies

Texaco Community Credit Union Hosting Center Address , UNITED 1 STATES

Cerner Corporation 2800 Rockcreek Parkway , United States UNITED Cerner Corporation Software & Internet 1 STATES

CHALLENGER CONSTRUCTION AGRA 4372 COUNTY RD 651 , United States UNITED 1 STATES

Total 143 Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 85 of 104 SID-18051 CI -Administrative Office of the 21571 Beaumeade Circle , United States UNITED Government 1 United States Courts STATES

FULL SAIL, INC. 3300 UNIVERSITY BLVD , United States UNITED Full Sail University Education 1 STATES

VIRGINIA CREDIT UNION 13505 TREDEGAR LAKE PKWY , United States UNITED Virginia Credit Union Inc Financial Services 1 STATES

FIRST INTER-CITY MORTGAGE 6200 SAVOY , United States UNITED 1 STATES

University of Oregon UO Information Services 1225 Kincaid Street , UNITED University of Oregon Education 1 United States STATES

New York State Unified Court System 125 Jordan Rd , United States UNITED New York State Unified Business Services 1 STATES Court System

Laurel Lake Retirement 200 Laurel Lake Dr , United States UNITED Laurel Lake Retirement Healthcare, 1 STATES Community Pharmaceuticals, & Biotech

Facebook Ireland Ltd 4 GRAND CANAL SQUARE , GRAND CANAL NETHERLANDS 1 HARBOUR , D2 , Ireland

Tallahassee Resident Publics 215 West Carolina Street , United States UNITED 1 STATES

Sinclair Community College 444 W. Third St. , United States UNITED Sinclair Community Education 1 STATES College

Leon County Board of County Commisioners Leon County Courthouse 301 S. Monroe , United UNITED 1 States STATES

WAL-MART 7000 Marina Blvd , United States UNITED Wal-Mart Stores , Inc. Retail 1 STATES

Edward Rose Development Co DBA Prarie Timberlane Apts 2900 W War Memorial Dr , United UNITED 1 Lakes A States STATES

PEROT SYSTEMS 2300 W PLANO PKY , United States UNITED Perot Systems Software & Internet 1 STATES Corporation

UPMC ISD Converged Technology Services 200 Lothrop UNITED UPMC Healthcare, 1 Street , United States STATES Pharmaceuticals, & Biotech

MTPCS LLC 1170 Devon Park Drive , United States UNITED Chinook Wireless LLC Telecommunications 1 STATES

Capital One Financial Corporation 1680 Capital One Drive , United States UNITED Capital One Financial Financial Services 1 STATES Corp

Marsh Inc. 1166 Avenue of the Americas , United States UNITED Marsh Inc Insurance 1 STATES

McAfee, Inc. 2821 Mission College Blvd. , United States UNITED McAfee , Inc. Manufacturing 1 STATES

MORRIS NICHOLS ARSHT & TUNNELL 1201 N Market St, Chase Manhattan Centre , United UNITED Morris , Nichols , Arsht Law Firms & Legal 1 States STATES & Tunnell LLP Services

ConAgra Frozen Foods 7300 World Communications Dr , United States UNITED ConAgra Foods Inc. Manufacturing 1 STATES

State of Florida, Department of Revenue 2450 Shumard Oak Blvd , United States UNITED Government 1 STATES

University of Michigan Medical Center 4251 Plymouth Rd., Suite 3300 , United States UNITED University Michigan Education 1 (MCIT) STATES Med Ctr

HCA Hospital Corporation of America 2555 Park Plaza , United States UNITED HCA Inc. Healthcare, 1 STATES Pharmaceuticals, & Biotech

Total 143 Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 86 of 104 Wellmont Health System 1905 American Way , United States UNITED Wellmont Health Healthcare, 1 STATES System Pharmaceuticals, & Biotech

Steward Health Care System LLC 2120 Dorchester Ave , United States UNITED Steward Health Care Healthcare, 1 STATES LLC Pharmaceuticals, & Biotech

HCR Manorcare 333 North Summit st. , United States UNITED HCR ManorCare Healthcare, 1 STATES Pharmaceuticals, & Biotech

Valley Electric Association 800 E. Hwy 372 , United States UNITED Valley Electric Non-Profit 1 STATES Association , Inc.

Uptime Systems, LLC 708 S 3rd Street Suite 110E , United States UNITED Uptime Systems LLC Software & Internet 1 STATES

SILVARIS CORPORATION 1520 BASSETT AV , United States UNITED Silvaris Corporation Software & Internet 1 STATES

Foley & Lardner LLP 3000 K Street NW Ste 600 , UNITED 1 STATES

The City of New York DoITT 15 Metrotech Center 18th Fl , United States UNITED Government 1 STATES

Auburn University Office of Information Technology 300 Lem Morrison UNITED Auburn University Education 1 Drive , United States STATES

Total 143

Targeted Audience The lists below represent categories of targeted audiences you selected for your release.

Cision Influencer Lists General Food & Nutrition (640 organizations, 722 recipients)

Organization Number of recipients

International Food Policy Research Institute | Industry Research Firm 10

Food & Nutrition | Magazine 7

Baking & Snack | Magazine 5

Cook's Illustrated | Magazine 4

Washington Post | Daily Newspaper 4

Hungry Girl | Magazine 3

Influential Magazine | Internet Magazine - Online Only 3

Journal of Agricultural and Food Chemistry | Magazine 3

Men's Health Online | Internet Magazine 3

Milling & Baking News | Magazine 3

Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 87 of 104 Associated Press Outlets Associated Press Outlets Every PR Newswire U.S. wire newsline includes targeted distribution to the Associated Press, an essential global news network that delivers content to an extensive set of media platforms and formats. The list below represents the outlets you reach via this partnership.

Outlet Name City State Newsline Type Audience

C-SPAN Washington DC US1 Television 86,200,000 Subscribers

Scribd, Inc. San Francisco CA US1 Aggregator 43,531,670 Visitors per Month

FoxNews.com New York NY US1 Online 32,516,438 Visitors per Month

CBS News Radio New York NY US1 Radio 30,000,000 Broadcast Audience

New York Times Digital New York NY US1 Newspaper 29,886,442 Visitors per Month

Apple Inc. Cupertino CA US1 Organization/Company 29,709,459 Visitors per month

CNBC.com Englewood Cliffs NJ US1 Online 26,089,260 Visitors per Month

CBSnews.com New York NY US1 Online 26,080,671 Visitors per Month

abcnews.com New York NY US1 Online 24,167,779 Visitors per Month

U.S. News & World Report Washington DC US1 Magazine 23,945,529 Visitors per Month

Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 88 of 104 Engagement

587 584 3 Total Engagement Actions Click-throughs Shares

Overview Engagement Timeline See when your audience engaged with your release. 1000

109 100 40 24 22 20 1819 15 15 14 14 10 10 9 9 9 9 9 9 8 7 6 5 5 5 5 5 5 4 4 4 4 4 4 4 109 13 3 3 3 3 3 3 8 2 2 2 2 2 2 2 2 2 2 2 2 2 40 4 20 24 19 22 1 1 1 1 1 1 1 1 9 9 9 9 9 8 5 5 6 5 5 5 4 3 3 3 4 4 3 4 4 3 4 3 4 2 2 2 2 2 2 2 2 2 2 2 2 2 1 1 1 1 1 1 1 1 1 1

0 9 6 0 7 4 0 6 3 2 6 2 0 2 1 0 2 2 2 1 2 ------1 3 2 1 2 3 2 1 2 3 0 0 0 0 0 0 0 0 0 0 ------0 0 0 0 0 0 0 0 0 0 2 2 2 2 2 2 2 2 2 2 0 0 0 0 0 0 0 0 0 0 2 2 2 2 2 2 2 2 2 2

Cumulative Click-throughs Shares Downloads

Engagement Details A break down of click-throughs, shares and other engagement actions. Click-throughs The number of times your release sent visitors to the pages you linked to

URL Click-throughs

http://www.aniclasssettlement.com/ 448

http://www.ANIClassSettlement.com 136

Total 584

Shares A breakdown of the types of sharing your release generated. Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 89 of 104 Type of share Shares

Facebook 2

Print 1

Total Shares 3

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Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 90 of 104

EXHIBIT F

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Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 100 of 104

EXHIBIT H

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EXHIBIT I

Case 2:18-cv-04004-MDH Document 49-1 Filed 06/10/20 Page 103 of 104 INVOICE

Invoice No : 15218 Invoice Date : 6/9/2020 www.cptgroup.com Publication Date: 1/17/2020 VP Consultant: Julie Green

Case Name : Smith, et al. v Atkins Nutritionals, Inc.

TO: Grant J. Ankrom Contact Name: Irvin Garcia Dentons Accounts Receivable Clerk 211 N. Broadway, Suite 3000 50 Corporate Park St. Louis, MO 63102 Irvine, CA 92606 (314) 241-1800 Ph: (949) 428-1034 [email protected]

Payment Details Type of Case Due Date Administration Balance Consumer Paid Thru QSF

QUANTITY Quantity Description Unit Price Line Total 1 Case Setup $15,274.00 $15,274.00 1 Legal Notification Costs $140,171.52 $140,171.52 1 Direct Mail Notification $210.90 $210.90 1 Claims Administration $153,293.90 $130,368.50 1 Distribution $180,142.34 $165,904.94 1 Post Distribution $34,829.45 $34,829.45 Grand Total $486,759.31 Discount $11,759.31 Discounted Flat Fee $475,000.00 AMOUNT PAID (PUBLICATION COSTS & PARTIAL POSTAGE COSTS) $150,000.00 REMAINING BALANCE $325,000.00

Make all checks payable to CPT Group, Inc. THANK YOU FOR YOUR BUSINESS!

CPT Offers Secure Credit Card Payments through PayPal. To utilize PayPal, there's a Merchant Service Fee added to your grand total.

Payment Terms: All postage charges and 50% of the final administration charges are due at the commencement of the case and will be billed immediately upon receipt of the data and/or notice documents. CPT bills are due upon receipt, unless otherwise negotiated and agreed to with CPT by Counsel/Client. In the event settlement terms provide that CPT is to be paid out of the settlement fund, CPT will request that Counsel/Client endeavor to make alternate payment arrangements for CPT charges that are due at the commencement of the case. The entire remaining balance is due and payable at the time the settlement account is funded by defendant, or no later than the time of disbursement. Amounts not paid within thirty (30) days are subject to a service charge of 1.5% per month or the highest rate permitted by law. In the event CPT Group, Inc. commences litigation to enforce payment, CPT Group, Inc. shall be entitled to recover reasonable attorney’s fees and costs (including expert witnesses’ fees) incurred in addition to all other items of recovery permitted by law.

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