NOTICE OF CERTIFICATION OF A SETTLEMENT CLASS AND PRELIMINARY APPROVAL OF A PARTIAL SETTLEMENT

ORIGINALLY WRITTEN
(Published in the Hillsboro Free Press Extra, Thursday, January 5, 2005)

IN THE DISTRICT COURT OF WYANDOTTE COUNTY, KANSAS

CIVIL COURT DIVISION

Lisa Huen, )

)

     Plaintiff, )

)

     vs. )

) Case No. 96 C 2029

Archer Daniels Midland Co., et al )

)

     Defendants. )

TO: INDIRECT PURCHASERS OF HIGH FRUCTOSE CORN SYRUP OR CITRIC ACID IN THE STATE OF KANSAS DURING THE PERIOD JANUARY 1, 1992 THROUGH DECEMBER 31, 1994

NOTICE OF CERTIFICATION OF A SETTLEMENT CLASS AND

PRELIMINARY APPROVAL OF A PARTIAL SETTLEMENT

PLEASE READ THIS ENTIRE NOTICE CAREFULLY. YOUR RIGHTS MAY

BE AFFECTED BY A LAWSUIT NOW PENDING IN THIS COURT.

This Notice is given pursuant to K.S.A. §60-223 of the Rules of Civil Procedure and Order of the District Court of Wyandotte County, Kansas. There is now pending in this Court a class action brought on behalf of indirect purchasers of high fructose corn syrup (“HFCS”) and citric acid in Kansas. The action alleges violations of the Kansas Antitrust Act (the “Act”) with respect to the sale of HFCS or citric acid. If you are a member of the settlement class described herein, your rights will be affected by this litigation. This Notice is published for the purpose of informing you of the existence of a certified settlement class and Settlement Agreements with three defendants so you can decide what steps you wish to take. Your possible choices are described later in this Notice.

I. THE LITIGATION

Plaintiff alleges that beginning January 1, 1992 and continuing until December 31, 1994, four defendants engaged in an unlawful conspiracy to fix, raise, and maintain the prices of HFCS in the United States and that two defendants engaged in an unlawful conspiracy to fix, raise, and maintain the prices of citric acid in the United States in violation of the Act and that, as a result, she and other members of the Class paid more for foods, beverages, and other products containing HFCS or citric acid than they would have absent the alleged conspiracy.

It is Plaintiff’s belief that virtually everyone who purchased consumer products in Kansas during the class period is a member of the class.

The defendants which plaintiff alleges conspired to fix the prices of HFCS are Archer Daniels Midland Company (“ADM”), A.E. Staley Manufacturing Company, now known as Tate & Lyle Ingredients Americas, Inc. (“Staley”), Cargill Incorporated (“Cargill”), and Corn Products International, Inc. (which has succeeded to the HFCS business of CPC International, Inc. and the term “Corn Products” refers to both corporations). The defendants which plaintiff alleges conspired to fix the prices of citric acid are ADM and Company 113 Corporation (formerly Harmann & Reimer Corporation)

Each defendant denies that it engaged in any unlawful conspiracy to fix, raise, or maintain prices and denies that it in any way injured or damaged any direct or indirect purchaser.

THE COURT HAS NOT PASSED ON ANY OF THE CONTENTIONS OF THE PARTIES. THIS NOTICE IS NOT TO BE UNDERSTOOD AS AN EXPRESSION OF ANY OPINION BY THE COURT AS TO THE MERITS OF ANY OF THE CLAIMS OR DEFENSES ASSERTED BY EITHER SIDE.

II. THE SETTLEMENT CLASS

By Order dated June 8, 2005, the Court certified a settlement class consisting of:

All individuals residing in the State of Kansas who purchased in the State foods, beverages, and other consumer products containing high fructose corn syrup and/or citric acid during the period January 1, 1992 through December 31, 1994

III. THE PARTIAL SETTLEMENT

Plaintiff has entered into Settlement Agreements with Corn Products, Cargill and Staley. Corn Products, Cargill, Staley manufactured and sold HFCS, but did not manufacture or sell citric acid. Corn Products, Cargill, and Staley deny any wrongdoing or liability. The proposed Settlement Agreements represent compromises of disputed claims and do not mean that liability or damages would have been found against Corn Products, Cargill, or Staley. The litigation is continuing against ADM and Company 113 Corporation.

In order to avoid the expenses, risk, and burden of litigation, to obtain the releases, orders, and judgment contemplated by the Settlement Agreement, and to put to rest with finality all claims that have been, or could have been, asserted against Corn Products, Cargill, and/or Staley based on the allegations in the Complaint, and subject to the terms and conditions of the Settlement Agreements, Corn Products has agreed to pay the principal sum of $50,000, Cargill has agreed to pay the principal sum of $150,000, and Staley has agreed to pay the principal sum of $725,000.

The Settlement Agreements provide that Corn Products, Cargill, and Staley will be dismissed with prejudice from liability to members of the class, for claims relating to the indirect purchase of HFCS for the period January 1, 1992 to December 31, 1994, under any federal or state antitrust or unfair competition or similar laws or regulations which are based, in whole or in part, on matters alleged or that might have been alleged in this litigation.

Under the terms of the Settlement Agreements, plaintiff is entitled to spend, with the approval of the Court, moneys from the settlement funds to provide this Notice. In addition, plaintiff’s counsel will request that the Court award counsel fees not to exceed one-third (1/3) of the settlement, plus litigation costs and an award to plaintiff for obtaining these settlements.

There will be no other distribution from the settlement funds until the case is concluded against all defendants. At the present time plaintiff does not know whether there will be sufficient recovery from all defendants to make a distribution to class members practical. If there is no such distribution to class members the recovery will be paid for an appropriate purpose as approved by the Court.

If the Settlement Agreements with Corn Products, Cargill, and Staley are approved, each settlement class member shall be deemed to have covenanted and agreed that he or she will forever refrain from instituting, maintaining, prosecuting against, or continuing to maintain or prosecute any suit or action, or collecting from or proceeding against Corn Products, Cargill, and Staley and their present or former subsidiaries and parents (direct or indirect), direct or indirect affiliates, current or former shareholders, business entities, officers, directors, agents, employees, or any of their respective successors, assigns, or legal representatives (the “Released Parties”), any claim, demand, action, cause of action, or liability of any nature whatsoever, whether known or unknown, which they ever had or may now have against the Released Parties pertaining to any purchase or other acquisition in Kansas of products containing HFCS or citric acid at any time, which are asserted or arise under the Act or any federal or state antitrust or unfair competition or similar laws or regulations for the period January 1, 1992 through December 31, 1994. All claims and rights against any other party to these actions are specifically reserved.

The above is only a summary of these settlements and you are referred to the respective Settlement Agreements on file with this Court for the precise terms and conditions of each Settlement Agreement.

IV. HOW TO STAY IN THE SETTLEMENT CLASS

If you are a member of the Settlement Class, you need not do anything and the class representative and the attorneys for the Class will represent your rights in the Settlements. You will receive the benefits of the Settlements, if they are finally approved by the Court and the settling defendants have not exercised their specified rights to withdraw from the Settlements.

You will not be responsible for fees and costs in connection with the Settlements.

You may enter an appearance through your own counsel at your own expense. You must advise the Court of your request to this effect in writing by first class mail, postage prepaid, postmarked no later than January 16, 2006, to Robert Pitkin at the address set forth in VIII below.

V. HOW TO BE EXCLUDED FROM THE SETTLEMENT CLASS

You may be excluded from the Settlement Class only upon specific written notice, mailed by first class mail, postage prepaid, on or before January 16, 2006, to Robert Pitkin at the address set forth in VIII below. The request for exclusion must clearly state your name and address and that you wish to be excluded from the Class. You need not state your reason.

If you elect to exclude yourself from the Class, you will not be bound by the Settlement Agreements and you will not receive the benefits, if any, of the Settlements or the result of the continued litigation.

VI. SETTLEMENT HEARING

Pursuant to Order of the Court, a hearing will be held on January 30, 2006, at 1:30 P.M., in the District Court of Wyandotte County, Kansas, Courtroom 3, for the purpose of determining whether the Settlement Agreements are fair, adequate, and reasonable and should be approved by the Court. Any class member who has not elected exclusion from the Settlement Class is entitled to appear and be heard at said hearing. The time and date of the hearing may be continued from time-to-time without further notice.

If you do not wish to object to one or more of the Settlement Agreements, it is not necessary to appear at the hearing. However, any member of the Settlement Class may appear at the hearing in person or by duly authorized attorneys and show cause why one or more of the Settlement Agreements should not be approved as fair, reasonable, and adequate, provided that no person shall be heard in opposition to a Settlement Agreement, and no paper or brief submitted by any such person shall be received or considered by the Court, unless, on or before January 16, 2006, you file a notice of intention to appear and a statement of the position to be asserted and the grounds therefore, together with copies of any supporting papers or briefs, with the Civil Clerk, District Court of Wyandotte County, Kansas, with a copy to Robert Pitkin at the address below.

Except as provided herein, no person shall be entitled to contest the terms and conditions of the Settlement Agreements, and persons who fail to object as provided herein shall be deemed to have waived, and shall be foreclosed forever from raising, any such objections.

VII. FURTHER PROCEEDINGS

Whether or not these proposed settlements and dismissals are approved by the Court, the litigation will continue against the non-settling defendants.

VIII. ADDITIONAL INFORMATION

Any questions that you have concerning the matters contained in this Notice may be directed in writing to the following counsel for the plaintiff:

Robert M. Pitkin, Esq.

Levy and Craig, A Professional Corporation

1301 Oak Street

Kansas City, Missouri 64106

The pleadings and other records in this litigation may be examined and copied during regular office hours at the office of the Civil Clerk, District Court of Wyandotte County.

PLEASE DO NOT TELEPHONE OR ADDRESS ANY INQUIRIES TO THE COURT.

Dated: December 5, 2005

BY ORDER OF THE COURT:

Kathleen M. Collins, Civil Clerk

District Court of Wyandotte County 9-1tc

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