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Frequently Asked Questions

Please find below answers to frequently asked questions

  1. What are these lawsuits about?
  2. What purchases qualify me to receive money from the settlement?
  3. How will the settlement money be distributed?
  4. How do I receive money from the settlement?
  5. What if I do not have proof of purchase--can I still file a claim?
  6. May I object to the proposed settlement?
  7. How do I ask the Court to exclude me from the Settlement?
  8. What if I still do not know whether I am a member of one or both of the Settlement Classes?
  9. When is the Fairness Hearing?
  10. How can I get more information on the proposed settlement with Bayer?
  1. What are these lawsuits about?

    Consumers sued Bayer HealthCare LLC and claimed that Bayer violated state consumer fraud and deceptive business practices acts, express and implied warranty statutes, and unjust enrichment laws, in connection with the sale and marketing of Bayer® Women’s Low-Dose Aspirin plus Calcium, an 81 mg aspirin pill combined with calcium, and (2) Bayer® Aspirin With Heart Advantage, an 81 mg aspirin pill combined with phytosterols. These two products are jointly called the “Combination Aspirin Products.”

    Plaintiffs claim that these products should not have been sold, because these products were not FDA-approved, could not provide all advertised health benefits and were inappropriate for long-term use. Plaintiffs assert that, as a result of Bayer’s alleged conduct, consumers were overcharged for the Combination Aspirin Products. You can read the Plaintiffs’ Master Complaint at www.bayercombinationaspirinsettlement.com. Plaintiffs have sought to recover damages that they allege the Defendant’s conduct caused, as well as attorneys’ fees and costs. Bayer denies that its conduct was unlawful. No court or other authority has found that Bayer participated in any wrongdoing. The Court has not yet resolved the merits of the lawsuit, or determined whether the Plaintiffs’ or Bayer’s contentions are true.

    This lawsuit does not include the two products known as Bayer® Women’s Low Dose Aspirin (with a calcium carbonate buffer) or Bayer® Heart Health Advantage.

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  2. What purchases qualify me to receive money from the settlement?

    Whether you are a member of the Bayer Heart Advantage Class or the Bayer Women’s Class (collectively referred to as the “Settlement Classes”) – and thus eligible to receive money from the related settlement – depends on (1) which Combination Aspirin Product you purchased, (2) whether you purchased it for personal, family or household uses, and (3) when it was purchased. Each Settlement Class only includes purchases of specific Combination Aspirin Products during specific periods of time.


    If you purchased one or more of the Combination Aspirin Products for personal, family or household uses then you are eligible to participate in one or both of the Settlement Classes described in this Notice, provided that your purchase occurred during the time periods specified for each Settlement Class. You are part of the Bayer Aspirin with Heart Advantage Class if you purchased the Bayer® Aspirin with Heart Advantage for personal, family or household uses in the U.S. between January 1, 2008 and July 20, 2012. You are part of the Bayer Women’s Low-Dose Aspirin + Calcium Class if you purchased the Bayer® Women’s Low-Dose Aspirin + Calcium for personal, family or household uses in the U.S. between January 1, 2000 and July 20, 2012.

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  3. How will the settlement money be distributed?

    Settlement funds will be distributed only after the Court grants final approval to the settlement and proposed allocation method for distributing the funds among the Settlement Classes.

    For each Settlement Class, the available settlement funds will be distributed to members of that Settlement Class who do not ask to be excluded from the settlement and who file a proper, validly sworn and timely Claim Form. Authorized Claimants who do not have documentary proof of purchase, but who complete and timely submit a valid Claim Form, shall be entitled to a one-time cash Settlement Payment of $4.00 for all purchases of Bayer® Women’s and/or $6.00 for all purchases of Bayer® Heart Advantage from each Settlement Class fund for which the Claims Administrator has determined they are eligible, subject to pro rata reductions if the claims for payment exceed the settlement fund. Authorized Claimants who submit documents that the Claims Administrator in its sole discretion determines is valid proof of purchase shall be entitled to a payment for $4.00 for each purchase of Bayer® Women’s and/or $6.00 for each purchase of Bayer® Heart Advantage, subject to pro rata reductions if the claims for payment exceed the settlement fund. If you are a member of more than one Settlement Class, you are eligible to receive settlement proceeds based on your membership in each Settlement Class.

    Once the Court grants final approval to the settlement, the distribution will take place as soon as practicable after the time has expired for any appeals from a final approval order of Judge Cogan, or any such appeals have been resolved in favor of this Settlement and after review, determination, and audit of the Claim Forms by the Claims Administrator and approval by the Court of the Claims Administrator’s recommendations as to the specific amounts to be paid to the Claimants.

    Once the time for Settlement Class Members to submit verified Claim Forms has ended, the Claims Administrator will determine if the claims of Authorized Claimants would use all of the funds allocated to each Settlement Class through the distribution plan described above. If there are excess funds allocated to one or both of the Settlement Classes, the Excess Funds will be distributed as cy pres payments to charities agreed to by the parties and approved by the Court.

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  4. How do I receive money from the settlement?

    In order to obtain money from the Settlement, you need to submit a Claim online or complete and submit the Claim Form available here. Even if you belong to both Settlement Classes, you need only submit one Claim Form, and the Claims Administrator will determine the Settlement Classes for which you qualify and the Settlement Class allocations from which you will receive money. The Claim Form must be postmarked or submitted online by April 29, 2013, to be timely returned. Any member of any Settlement Class that does not complete and timely return the Claim Form will not be entitled to share in any settlement proceeds.

    WARNING: There are companies that may contact Settlement Class Members upon learning of a pending class action distribution and offer to help Settlement Class Members file claim forms in exchange for a share of the money that the Settlement Class Members may ultimately recover. Please be advised that you do not need to use one of these companies. Assistance is available from the Claims Administrator at no cost to you.

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  5. What if I do not have proof of purchase--can I still file a claim?

    If you cannot provide proof of purchase you can still file a claim but you are limited to a one-time cash Settlement Payment of $4.00 for all purchases of Bayer® Women’s Low Dose Aspirin + Calcium and/or $6.00 for all purchases of Bayer® Aspirin with Heart Advantage, subject to pro rata reductions if the claims for payment exceed the settlement fund.

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  6. May I object to the proposed settlement?

    Only members of one or both of the Settlement Classes who do not request exclusion from the Settlement may object to (1) the proposed settlement; (2) the proposed Settlement Class allocations and/or distributions; (3) Class Counsel’s request for an award of attorney’s fees and reimbursement of litigation expenses; and/or (4) Class Counsel’s request for service awards for Settlement Class Representatives.

    If you wish to make an objection, you must mail your written objection, including a statement of your reason(s) for your objection, to, or file it with, the Clerk of the Court at the following address:

    Clerk of Court, 225 Cadman Plaza East, Brooklyn, New York, 11201. The written objection must be postmarked and sent in writing to the Clerk of Court no later than February 5, 2013. Copies of any objections must be sent to counsel for the Plaintiffs and counsel for the Defendant at the addresses provided below:

    To Plaintiffs:
    Elizabeth A. Fegan, Esq.
    HAGENS BERMAN SOBOL SHAPIRO LLP
    1144 West Lake Street, Suite 400
    Oak Park, IL 60301-1043

    To Defendant:
    Adam Hoeflich, Esq.
    BARTLIT BECK HERMAN PALENCHAR & SCOTT LLP
    Courthouse Place 54 West Hubbard Street, Suite 300
    Chicago, IL 60654

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  7. How do I ask the Court to exclude me from the Settlement?

    To be excluded, you must send a written “Exclusion Request” letter by mail, stating that you want to be excluded from Bayer Corp. Combination Aspirin Products Marketing & Sales Practices Litigation. Be sure to include your name, address, and the Settlement Class or Classes to which you belong, and sign the letter. You must mail your Exclusion Request postmarked by December 20, 2012, to:

    Bayer Combination Aspirin Litigation
    c/o Gilardi & Co. LLC
    P.O. Box 808061
    Petaluma CA 94975-8061

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  8. What if I still do not know whether I am a member of one or both of the Settlement Classes?

    If you still do not know whether you are included in one or both of the Settlement Classes write to:

    Bayer Combination Aspirin Products Litigation Settlement
    c/o Gilardi & Co. LLC
    P.O. Box 808061
    Petaluma CA 94975-8061

    or email claims@bayercombinationaspirinsettlement.com

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  9. When is the Fairness Hearing?

    Judge Brian M. Cogan will hold a hearing at the United States District Court for the Eastern District of New York, 225 Cadman Plaza East, Brooklyn, New York 11201 on March 13, 2013 at 10 a.m., for the purpose of determining whether the proposed settlement with Bayer, and the proposed Settlement Class allocations should be approved as fair, adequate and reasonable. This hearing is known as the Fairness Hearing. The hearing may be rescheduled without further announcement.

    You do not have to attend the hearing. Class Counsel will answer any questions Judge Cogan may have. If you send a written objection, you do not have to attend the hearing to discuss it. As long as you mailed your written objection on time of this Notice, the Court will consider it. You may also pay your own lawyer to attend.

    You may attend the hearing at your own expense. You may speak at the hearing only if you have submitted your objection as provided on time of this Notice and have stated in your objection letter that you wish to be heard at the Fairness Hearing.

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  10. How can I get more information on the proposed settlement with Bayer?

    You may get more information by visiting and reading the case documents here or writing to:
    Bayer Combination Aspirin Products Litigation Settlement
    c/o Gilardi & Co. LLC
    P.O. Box 808061
    Petaluma CA 94975-8061
    or email claims@bayercombinationaspirinsettlement.com
    or call 1-877-257-5766

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