Class action lawsuits were commenced in Ontario, British Columbia and Quebec on behalf of all persons against the Defendants and some of their subsidiary and/or affiliated companies and/or officers and directors ("defendants") alleging that they had conspired to fix prices and markets for Vitamins in Canada.

The Settling Defendants have not admitted any wrongdoing or liability on their part. The Settlement is a compromise of disputed Claims.

The list of Defendants is the same as the list for Settling Defendants with the following additional companies: DCV, Inc., Ducoa, L.P., Degussa-H?s AG, Degussa Corporation, Novus International, Inc., Novus International (Canada) Inc., Nippon Soda Co. Ltd. and Mitsui & Co., Ltd..

Here is the list of Non-Settling Defendants: DCV, Inc., Ducoa L.P., Degussa-H?s AG, Degussa Corporation, Degussa Canada Inc. (methionine), Novus International, Inc., Novus International (Canada) Inc., Nippon Soda Co. Ltd. and Mitsui & Co., Ltd..

The Notice is a summary of the Settlement. Click here for a copy of the Notice.

The Notice was approved by the Superior Court of Justice for Ontario, the Supreme Court of British Columbia and the Superior Court of Quebec.

The judgments and the settlement agreements may be downloaded from the Document page of this website. Click here to reach the Document page.

The Settlement was the result of negotiations between Class Counsel on behalf of the parties who commenced the Vitamins Class Actions and the representatives of the Defendants.

Legal notices approved by the Courts have been published in the media announcing the Settlement to the Canadian public. Notice has been sent to all known customers identified by the Settling Defendants. Notice has also been sent to a number of industry organizations for distribution to their members. The Settlement has been published on this website and the website will be updated regularly with news of the Settlement. The Courts have approved this notice program.

Purchases by persons in Canada of the following Vitamins in Canada during the relevant purchase periods ("Vitamins") are included in the Settlement.

Purchases by persons in Canada of products that directly or indirectly contain or are derived from the Vitamins, or from animals which had consumed the Vitamins in Canada during the relevant purchase periods ("Vitamins Products") are included in the Settlement.

National Vitamins settlements have been reached with most of the defendants in most of the actions. The Settling Defendants do not admit any wrongdoing or liability on their part. The settlements are a compromise of disputed claims.

The class action lawsuits will continue to be prosecuted against the Non-Settling Defendants who did not participate in the settlements.

Consumers are individuals (rather than corporations) who purchased for personal consumption or use any of the Vitamins or Vitamins Products in Canada during the relevant Purchase Periods.

Individual Consumers of Vitamins will not receive direct compensation under the Settlement. At least $11 million will be paid to community and charitable organizations on behalf of Consumers for nutrition and health research focused on Vitamins, food-aid programs for low income Canadians and Consumer advocacy. A complete list of these organizations is available here. Do not register a Claim if you are a Consumer.

A Direct Purchaser is a person in Canada who purchased any of the Vitamins in Canada during the relevant Purchase Period directly from a Defendant or a Distributor and took delivery of the Vitamins in Canada.

A Distributor is a person in Canada who purchased and took delivery of any of the Vitamins in Canada during the relevant Purchase Period directly from a Defendant and only resold the Vitamins without either processing them or including them in any other product.

A Direct Purchaser or Distributor will receive a percentage of the Purchase Price of Vitamins (other than methionine and Premix) to a maximum of 12% for a Direct Purchaser and 1% for a Distributor. A Direct Purchaser or Distributor of Premix will receive a percentage of the Purchase Price to a maximum of 4.2% for a Direct Purchaser and 0.35% for a Distributor. The exact percentage to be received will depend on the number of Direct Purchasers and Distributors who register Claims and are determined to be eligible for compensation. There is no guarantee the maximum percentages will be paid. A Direct Purchaser or Distributor of methionine should review the FAQ relating to methionine for further information. It is no longer possible to register a claim as the claim submission deadline has passed.

Intermediate Purchasers are persons who purchased for business use any of the Vitamins or Vitamins Products in Canada during the relevant Purchase Periods from someone other than a Defendant or a Distributor.

Intermediate Purchasers of Vitamins will not receive direct compensation under the Settlement. At least $11 million will be paid to industry organizations on behalf of Intermediate Purchasers. A complete list of these industry organizations is available here. Do not file a Claim if you are an Intermediate Purchaser.

Direct Purchasers or Distributors in Canada who purchased or took delivery of Vitamins in Canada during the relevant Purchase Periods may be eligible to receive compensation under the Settlement. It is no longer possible to register a claim as the claim submission deadline has passed.

No. Direct Purchasers and Distributors of methionine may be eligible to receive compensation under the Settlement in the future. However, no compensation will be paid for methionine purchases at this time. Direct Purchasers and Distributors of methionine may provide methionine Purchase Price data, if available, for information purposes only at this time. Aventis Animal Nutrition SA is the only defendant in the methionine class actions participating in the Settlement. Degussa-H?s AG, Dugussa Corporation, Degussa Canada Inc., Novus International, Inc., Novus International (Canada) Inc., Nippon Soda Co. Ltd. and Mitsui & Co., Ltd. have not participated in the Settlement. The calculation and timing of the methionine distribution will be determined by the further order of the Courts.

Purchase Price, for all Vitamins except Premix, is the total amount paid in Canadian dollars, excluding taxes and delivery charges, for purchases of a particular Vitamin during its relevant purchase period. These Vitamins purchases must have been made by a Direct Purchaser or Distributor directly from a defendant or a Distributor in Canada and delivered in Canada.

To apply for compensation, a Direct Purchaser must register a Claim by the November 5, 2005 Claims deadline. The Administrator will evaluate all Claims received by the Claims deadline and prepare a distribution plan according to the terms of the Settlement. The Courts will supervise the administration and operation of the distribution of the Settlement funds. It is no longer possible to register a claim as the claim submission deadline has passed.

To apply for compensation, a Distributor must register a Claim by the November 5, 2005 Claims deadline. The Administrator will evaluate all Claims received by the Claims deadline according to the terms of the Settlement. The Courts will supervise the administration and operation of the distribution of the Settlement funds.

The Claims deadline is the last date for registering a Claim under the Settlement . The deadline for registering all Claims and supporting documentation is November 5, 2005. It is no longer possible to register a claim as the claim submission deadline has passed.

The deadline to opt out of the Settlement was August 5, 2005. It is no longer possible to opt out of the Settlement.

The Online Claims System is a system that will permit Direct Purchasers and Distributors to register their claims with the Administrator over the Internet. The Online Claims System was activated on June 13, 2005. It is no longer possible to register a claim as the claim submission deadline has passed.

The Online Claims System secures Claims data using 128-bit industry standard SSL encryption. This is the same type of encryption used to secure credit card transactions on the web, and protect sensitive websites.

Terida Systems Inc operates the Online Claims System and hosts the System in its secure server environment on behalf of the Administrator, Deloitte & Touche LLP.

The Online Claims System and the Master List were activated on June 13, 2005.

The Master List contains the contact information provided by the Settling Defendants about each of their customers who purchased Vitamins in the relevant Purchase Periods.

Review the Master List carefully prior to registering a Claim as the Settlement prohibits submission of more than one Claim in respect of the same Vitamin purchases. Pay particular attention to information about your purchases or the purchases of anyone affiliated with you.

Click here to review the Master List.

Contact the Administrator if there are questions about the Master List.

1. A Detailed Claim is used to register a Claim by a Direct Purchaser or a Distributor in the following three situations:

   a. You were identified as a customer of a particular Settling Defendant in a letter from the Administrator, and you do not agree with the accuracy of the Settling Defendant?s calculation of your Vitamin purchases from that particular Settling Defendant in the relevant Purchase Period; register this Detailed Claim in the Online Claims System using the login name and password provided in the letter, and provide Purchase Price information with supporting documentation for each Vitamin purchased from this Settling Defendant in the relevant Purchase Period.

   b. You were identified as a customer of a particular Settling Defendant in a letter from the Administrator, and no information was provided with respect to your Vitamin purchases from that particular Settling Defendant in the relevant Purchase Period; register this Detailed Claim in the Online Claims System using the login name and password provided in the letter, and provide Purchase Price information with supporting documentation for each Vitamin purchased from this Settling Defendant in the relevant Purchase Period.

   c. You did not receive a letter from the Administrator with respect to Vitamin purchases from one or more Defendants or Distributors; register this Detailed Claim as a new Claim in the Online Claims System, and provide Purchase Price information with supporting documentation for each Vitamin purchased in the relevant Purchase Periods from these Defendants and/or Distributors.

2. In all the above situations, review the Master List prior to filing a prior to registering a Detailed Claim as the Settlement prohibits submission of more than one Claim in respect of the same Vitamin purchases. Pay particular attention to information about your purchases or the purchases of anyone affiliated with you.

3. Click here to use the Online Claims System to complete a Detailed Claim. A Detailed Claim Form is used to register a Detailed Claim only by those without access to a computer with a connection to the Internet. Click here to reach the Forms page to download and print a Detailed Claim Form.
   

4. The deadline for the submission of all Claims is November 5, 2005. It is no longer possible to register a claim as the claim submission deadline has passed.

A Claim Summary is used by a Direct Purchaser or a Distributor only when registering a Claim that accepts the accuracy of a (single) Settling Defendant?s calculation of the Claimant?s Purchase Price of Vitamins from that Settling Defendant.

Click here to use the Online Claims System to complete a Claim Summary. A Claim Summary Form is used to register a Summary Claim only by those without access to a computer with a connection to the Internet. Click here to reach the Forms page to download and print a Claim Summary Form.

The deadline for the submission of all Claims is November 5, 2005. It is no longer possible to register a claim as the claim submission deadline has passed.

Click here to reach the Forms page to download and print the appropriate Claim form only if you do not have access to a computer with a connection to the Internet.

The deadline for the submission of all Claims is November 5, 2005. It is no longer possible to register a claim as the claim submission deadline has passed.

After a Claim has been submitted, you may amend any part of the Claim prior to the deadline of November 5, 2005. However, after the deadline, only contact information may be amended.

Opting out is the process of excluding yourself from the Settlement. A successful opt out is no longer bound by the Settlement and has the right to pursue litigation. It is no longer possible to opt out of the Settlement as the opt out deadline of August 5, 2005 has passed.

No. The Settlement includes a full release of the Settling Defendants from Claims of any type for all time relating to Vitamins Products for all persons who did do not opt out of the Settlement. Unless you opted out of the Settlement, you are bound by it and this release applies to you.

No. You must have opted out of the Settlement on or before August 5, 2005 if you did not wish to be included in the Settlement.

Yes. Unless you opted out of the Settlement on or before August 5, 2005, you are bound by the Settlement.

No. A person who wishes to opt out in respect of any Vitamin must opt out in respect of all Vitamins covered by the Settlement. However, it is no longer possible to opt out of the Settlement as the opt out deadline of August 5, 2005 has passed.

No. The Settlement can no longer be terminated as the opt out deadline of August 5, 2005 has passed and the termination provisions were not triggered.

Deloitte & Touche LLP has been appointed by the Courts in Ontario, British Columbia and Quebec as the Administrator of the Canadian Vitamins Class Actions National Settlements.

The Administrator's main role is to evaluate each Claim according to the terms of the Settlement. For additional responsibilities of the Administrator, please refer to the Settlement documents in the Document section of this website.

To contact the Administrator, click here.

Class Counsel represented the individuals who commenced the Vitamins class actions. Class counsel for: British Columbia is Camp Fiorante Matthews; Ontario is Sutts, Strosberg LLP, Siskind, Cromarty, Ivey & Dowler LLP, and Allen Cooper; and, Quebec is Sylvestre Charbonneau Fafard and Unterberg, Labelle, LeBeau & Morgan.

The Management Committee is appointed by the Courts to assist in the implementation and oversight of the Settlement. J.J. Camp, Q.C., Harvey T. Strosberg, Q.C. and Claude Desmeules were appointed the representative of the Class Members and William L. Vanveen was appointed the representative of the Settling Defendants.

Reva E. Devins is the Referee appointed by the Courts to arbitrate disputes concerning eligibility under the Settlement and to determine any disputes concerning the Purchase Price of Vitamins.

A Notice of Appeal Form is used to appeal the Administrator's decision to the Referee. Click here to download the Notice of Appeal Form. The deadline for receipt of the completed and signed Notice of Appeal Form by the Administrator is April 10, 2006.