BASIC INFORMATION

1. What Is Fenofibrate?

Fenofibrate is the active ingredient in certain medications that are used to treat high cholesterol and high triglyceride levels. Prescription drugs that contain fenofibrate include TriCor®, Lofibra, Antara, Triglide and any generic version of these products.

2. What Is The Notice About?

You received the Notice because you requested it or records indicate that you bought or paid for a prescription drug containing fenofibrate on or after April 9, 2002. You may be entitled to money as part of the settlement proposed to resolve this Class Action. You are not being sued.

The Notice explains:

• What the Class Action and the settlement are about.
• Who is affected by the settlement.
• Who represents you and the Class in the Class Action.
• What your legal rights and choices are.
• How and by when you need to act.

3. Who Are The Defendants?

Defendants are Abbott Laboratories, Fournier Industrie et Sante, and Laboratoires Fournier, S.A.

4. What Is The Class Action About?

The Class Action alleges that Defendants violated federal and state antitrust and consumer protection laws regarding the sale of TriCor® and generic fenofibrates. The Class Action alleges that this resulted in consumers and TPPs paying too much for prescription fenofibrate drug products.

No question is raised about the safety or effectiveness of TriCor® or other prescription fenofibrate drug products.

Defendants deny any wrongdoing and liability. They agreed to the settlement to resolve the controversy and to avoid the burden and expense of further litigation.

5. Who Is A Member Of The Class?

You are a member of the Class if you fit the definition below:

• All persons or entities in the United States and its territories who purchased, paid and/or reimbursed for fenofibrate products, including TriCor® tablets and TriCor® capsules, intended for consumption by themselves, their families, or their members, employees, plan participants and beneficiaries or insureds between April 9, 2002 and May 8, 2009.
  
  
• Excluded from the Class are: (a) Defendants and their respective subsidiaries and affiliates and (b) all government entities (except for government-funded employee benefit funds), and (c) all persons or entities that purchased fenofibrate products for purposes of resale or directly from any of the Defendants to the extent and solely to the extent of such purchases for purposes of resale or such direct purchases. Also excluded are certain health plans that separately settled with Defendants.

BENEFITS YOU GET FROM THE SETTLEMENT

6. What Does The Proposed Settlement Provide?

The settlement provides that Defendants will pay $65,700,000.00 into a Settlement Fund. The fund will be divided into two parts: $33,333,334.00 for consumers and $32,366,666.00 for TPPs. The Settlement provides a release of all claims by members of the Class. The full release language is found in the Claim Form at the end of this Notice package. Attorneys’ fees, litigation costs and expenses, any incentive award to class representatives, and cost of notice and administration will be paid from the Settlement Fund.

Class Counsel conducted a thorough investigation of the law and facts in the Class Action. The Settlement is a result of arms-length negotiations among the parties. Class Counsel compared the benefits of settlement to the risks of going to trial and concluded that the settlement is fair, reasonable, adequate, and in the best interests of the Class.

Complete details are found in the Settlement Agreement, available on this website; it is also on file with the Clerk, United States District Court for the District of Delaware, 844 North King Street, Wilmington, DE 19801.

7. Is it too late to file a claim?

Yes, we can no longer accept Claim Forms. Claims need to be postmarked by September 15, 2009.

QUESTIONS ABOUT YOUR CHECK

8. Why did I receive this check?

The Court determined that the residual funds from the initial distribution were to be redistributed to the Consumer Class Members who had cashed their initial Settlement check.

9. Is there a time limit when I must cash my check?

Yes your check must be cashed within 180 days of the date of the check. If you deposit your check after the stale date and the funds are not collected, your financial institution may impose penalties on your account. Please consult your financial institution concerning such penalties.

10. Why didn’t I receive an additional check?

Checks were mailed only to Consumer Class Members who cashed their initial settlement check.

11. Can I request a reissue on an initial check?

No. The Court ordered the funds from uncashed checks in the initial distribution to be redistributed to Class Members who cashed their initial distribution check.

12. I cashed my initial check. Why did I not get a second check?

In order to receive payment from the residual funds, the pro rata check amount a consumer would be due must be in the amount of $10.00 or more. The amount you would be paid would have been less than $10.00.

13. Where do I send my reissue request for the second distribution check?

TriCor Indirect Purchasers Antitrust Litigation
c/o Rust Consulting, Inc.
P.O. Box 24797
West Palm Beach, Fl 33416

14. What is the time frame for you to reissue my check?

We estimate that checks will be reissued in March 2012.

EXCLUDING YOURSELF FROM THE CLASS (“OPTING OUT” OF THE SETTLEMENT)

15. What If I Don’t Want To Be In The Class?

If you decide to exclude yourself from the settlement, you will be free to sue Defendants on your own for their conduct related to the marketing of TriCor®. However, you will not receive any money from the settlement, and you will no longer be represented by the Class Counsel. If you want to receive money from the settlement, do not exclude yourself.

16. How Do I Exclude Myself From The Class?

The deadline to exclude yourself from the settlement has passed. Exclusion requests had to be postmarked by September 15, 2009 to be considered timely.

OBJECTING TO THE SETTLEMENT

17. May I Object To The Settlement?

Yes. If you are a member of the Class, and you have not requested to opt out of the settlement, you may object to any aspect of the settlement, the fairness or adequacy of Class Counsel’s representation, or the requests for attorneys’ fees and expenses.

18. How Do I Object To The Settlement?

The deadline to object to the settlement has passed. Objection requests had to be postmarked by September 15, 2009 to be considered timely.

19. What Is The Difference Between Objecting To The Settlement And Excluding Myself From The Class?

To object to the settlement, you must remain a member of the Class. An objection allows your views on the settlement to be heard in Court. You will be bound by the terms and conditions of the settlement if the settlement is approved, even if the Court rules against your objection.

When you exclude yourself, or opt out, you are no longer a member of the Class. You will not be subject to the terms and conditions of the settlement. You lose the right to object to the settlement and you will not receive any payment from the settlement. However, you keep your right to sue the Defendants for the same claims in another lawsuit.

THE LAWYERS REPRESENTING YOU

20. Do I Have A Lawyer Representing My Interests In This Class Action?

Yes. The Court has appointed lawyers to represent you and other Class members. These lawyers are called Class Counsel. You will not be charged for these lawyers. They will ask the Court to approve an award for fees and expenses. The following law firms represent the Class:

Getting More Information

21. Where Do I Get More Information?

More details are in the Settlement Agreement and Release, which sets forth in great detail the Proposed Settlement’s provisions. You can look at and copy these legal documents at any time during regular office hours at the United States District Court for the District of Delaware, 844 North King Street, Wilmington, DE 19801. Judge Sue L. Robinson for the United States District Court for the District of Delaware is overseeing the Class Action.

PLEASE DO NOT CONTACT THE COURT OR THE JUDGE.

For more information,

• Call the Claims Administrator, toll free: 1-877-567-3014
• Email: info@TriCorSettlement.com
• Write to:
  
  TriCor Indirect Purchaser Claims Administrator
  c/o Rust Consulting, Inc.
  P.O. Box 24797
  West Palm Beach, FL 33416

IMPORTANT: THIS SITE IS SUPERVISED BY THE COURT AND IS ADMINISTERED BY AN ADMINISTRATION FIRM THAT HANDLES ALL ASPECTS OF NOTICE AND CLAIM PROCESSING. THIS IS THE ONLY AUTHORIZED WEB SITE FOR THIS LITIGATION. PLEASE DO NOT RELY UPON OTHER SITES THAT SET OUT DIFFERENT AND UNAUTHORIZED INFORMATION.