A Court authorized this Notice. It is not a solicitation from a lawyer.

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1 CIRCUIT COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA If you purchased Vitacost Chelated Magnesium, Vitacost Multi- Mineral & Magnesium, or Vitacost Magnesium & Calcium from October 22, 2010, through June 6, 2016, you could get a cash payment from a class action settlement. A Court authorized this Notice. It is not a solicitation from a lawyer. A settlement has been reached with Vitacost.com, Inc. ( Vitacost ) in a class action lawsuit (Holliday v. Vitacost.com, Inc., In the Circuit Court of the Fifteenth Judicial Circuit, In and For Palm Beach County, Florida, Case No.: 2015-CA (AA)) which alleged that Vitacost misrepresented the magnesium content of Vitacost Chelated Magnesium, Vitacost Multi-Mineral & Magnesium, and Vitacost Magnesium & Calcium. Vitacost has agreed to settle the lawsuit for up to $522, Those included can receive a cash payment for their purchases. You may be included in this settlement if you purchased Vitacost Chelated Magnesium, Vitacost Multi-Mineral & Magnesium, and Vitacost Magnesium & Calcium that did not list magnesium oxide in the supplement facts panel on the label (the Products ). Purchases must have been for personal or household use and made anytime from October 22, 2010, through June 6, 2016 (the Settlement Class ). Your rights are affected whether you act or don t act. Read this Notice carefully. YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT: SUBMIT A CLAIM FORM DEADLINE: SEPTEMBER 28, 2016 ASK TO BE EXCLUDED DEADLINE: JULY 29, 2016 OBJECT TO THE SETTLEMENT DEADLINE: JULY 29, 2016 GO TO A HEARING ON: AUGUST 29, 2016 DO NOTHING This is the only way you can receive a settlement payment. If you submit a Claim Form, you will give up the right to sue Vitacost in a separate lawsuit about the claims this settlement resolves. Submit a claim online at This is the only option that allows you to sue, continue to sue, or be part of another lawsuit against Vitacost related to the legal claims this settlement resolves. However, you will give up the right to get a payment from this settlement. If you do not exclude yourself from the settlement, you may object to it by writing to the Court about why you don t like the settlement. You may object to the settlement and ask the Court for permission to speak at the fairness hearing about your objection. If you are included in the Settlement Class, you are automatically part of the settlement. However, if you do not submit a Claim Form, you will not get a payment from this settlement and you will give up the right to sue, continue to sue, or be part of another lawsuit against Vitacost about the legal claims resolved by this settlement. 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 settlement.

2 WHAT THIS NOTICE CONTAINS BASIC INFORMATION... PAGE 3 1. Why was this Notice issued? 2. What is this lawsuit about? 3. What is a class action? 4. Why is there a settlement? WHO IS INCLUDED IN THE SETTLEMENT... PAGE 3 5. How do I know whether I am part of the settlement? 6. Are there exceptions to being included? 7. What if I am still not sure whether I am part of the settlement? THE SETTLEMENT BENEFITS WHAT YOU GET IF YOU QUALIFY... PAGE 3 8. What does the settlement provide? 9. How much will my payment be? HOW TO GET A SETTLEMENT PAYMENT SUBMITTING A CLAIM FORM... PAGE How do I get a payment? 11. When would I get my payment? 12. What if my name or address changes after I submit a Claim Form, but before I receive my payment? 13. What rights am I giving up if I stay in the Settlement Class? 14. What are the Released Claims? THE LAWYERS REPRESENTING YOU... PAGE Do I have a lawyer in this case? 16. How will the lawyers be paid? EXCLUDING YOURSELF FROM THE SETTLEMENT... PAGE How do I get out of the settlement? 18. If I exclude myself, can I still get a payment from this settlement? 19. If I do not exclude myself, can I sue Vitacost for the same claims later? OBJECTING TO THE SETTLEMENT... PAGE How do I tell the Court that I do not like the settlement? 21. May I come to Court to speak about my objection? 22. What is the difference between objecting to the settlement and asking to be excluded from it? THE COURT S FAIRNESS HEARING... PAGE When and where will the Court decide whether to approve the settlement? 24. Do I have to come to the hearing? 25. May I speak at the hearing? IF YOU DO NOTHING... PAGE What happens if I do nothing at all? GETTING MORE INFORMATION... PAGE How do I get more information? 2

3 BASIC INFORMATION 1. Why was this Notice issued? A Court authorized this Notice because you have a right to know about the proposed settlement of this class action lawsuit and about all of your options before the Court decides whether to grant final approval to the settlement. This Notice explains the lawsuit, the settlement, your legal rights, what benefits are available, and who can get them. Judge Richard Oftedal of the Circuit Court for the Fifteenth Judicial Circuit in and for Palm Beach County, Florida is overseeing this class action. The case is known as Holliday v. Vitacost.com, Inc., Case No CA (AA) (the Action ). The person that filed this lawsuit is called the Plaintiff and the company he sued, Vitacost.com, Inc., is called the Defendant. 2. What is this lawsuit about? The lawsuit claims that Vitacost misrepresented the magnesium content on the labels of the Products. Plaintiff claims that the Products labels listed 100% magnesium glycinate on the supplement facts panel; however, the Products actually contained magnesium glycinate and magnesium oxide. The lawsuit further claims that this misrepresentation violates Florida s Deceptive and Unfair Trade Practices Act. The Defendant, Vitacost, denies all of the claims and allegations made in the lawsuit. Vitacost agreed to this settlement to avoid the cost and risk of a trial. 3. What is a class action? In a class action, one or more people or entities called Class Representatives or Plaintiffs (in this case, Gregory Holliday) sue on behalf of other people with similar claims. The people included in the class action are called a Class or Class Members. One court resolves the issues for all Class Members, except for those who exclude themselves from the Class. 4. Why is there a settlement? The Court did not decide in favor of the Plaintiff or Defendant. Instead, the Plaintiff and Defendant agreed to a settlement. This way, they avoid the cost and burden of a trial and the people affected can get guaranteed benefits. The Class Representative and his attorneys think the settlement is best for all Settlement Class Members. 5. How do I know whether I am part of the settlement? WHO IS INCLUDED IN THE SETTLEMENT The settlement includes everyone who, for personal use, purchased Vitacost Chelated Magnesium, Vitacost Multi-Mineral & Magnesium, or Vitacost Magnesium & Calcium from October 22, 2010, through June 6, Are there exceptions to being included? Yes. The settlement does not include: (1) people who purchased or acquired the Product for resale; (2) Vitacost and its employees, principals, affiliated entities, legal representatives, successors, assigns, and its parents and/or subsidiaries; (3) anyone who files a valid, timely Request for Exclusion; (4) federal, state, and local governments (including all agencies and subdivisions thereof, but excluding employees thereof); and (5) the judges to whom this Action is assigned and any members of their immediate families. 7. What if I am still not sure whether I am part of the settlement? If you are not sure whether you are included, call , go to or write to one of the lawyers listed in Question 15 below. 8. What does the settlement provide? THE SETTLEMENT BENEFITS WHAT YOU GET IF YOU QUALIFY Vitacost has agreed to settle the lawsuit for a total sum of up to $522,500. Of this, up to $360,000 will be made available to make payments to Settlement Class Members who submit a valid Claim Form; $160,000 will be used to pay attorneys fees, costs and expenses of the court appointed Class Counsel; and $2,500 will be used to pay a service award the Class Representative. Vitacost will also separately pay up to $35,000 for the costs of settlement and notice administration. In addition, Vitacost will modify the labels and advertising of the products to disclose magnesium oxide and other ingredients identified by its suppliers. 9. How much will my payment be? Payment amounts will vary based on where the purchase was made (i.e., online or in-store), the number of Products purchased, and whether Proof of Purchase is provided. Generally, Settlement Class Members who purchased Products online 3

4 from Vitacost.com or can provide proof of their in-store purchase will receive 30% of their total purchase price paid for all purchases of the Products (excluding tax and shipping, if applicable). Settlement Class Members who made in-store Product purchases and do not provide Proof of Purchase will receive 30% of the average retail sale price for up to two Products (calculated per Product as follows: Vitacost Chelated Magnesium: Capsules $2.30; Tablets $4.00; Vitacost Multi-Mineral & Magnesium Capsules $1.66; and Vitacost Magnesium & Calcium Capsules $1.37). 10. How do I get a payment? HOW TO GET A SETTLEMENT PAYMENT SUBMITTING A CLAIM FORM You must complete and submit a claim by September 28, Claim Forms may be submitted online or downloaded for printing and submission via U.S. Mail at Claim Forms are also available by calling or by writing to Vitacost.com Settlement Administrator, P.O. Box 40007, College Station, TX When would I get my payment? The Court will hold a hearing at 1:30 p.m. on August 29, 2016, to decide whether to grant final approval to the settlement. If the Court approves the settlement, there may be appeals. It is always uncertain whether appeals will be filed and, if so, how long it will take to resolve them. Payments will be distributed to Settlement Class Members as soon as possible, if and when the Court grants final approval to the settlement. 12. What if my name or address changes after I submit a Claim Form, but before I receive my payment? If your name or address needs to be corrected, you must send a letter to the Settlement Administrator at Vitacost.com Settlement Administrator, P.O. Box 40007, College Station, TX What rights am I giving up if I stay in the Settlement Class? Unless you exclude yourself, you are staying in the Settlement Class. If the settlement is approved and becomes final, all of the Court s orders will apply to you and legally bind you. You won t be able to sue, continue to sue, or be part of any other lawsuit against Vitacost about the legal issues in this case, but you will be able to submit a Claim Form to receive a payment from this settlement. The rights you are giving up are called Released Claims. 14. What are the Released Claims? Generally, if and when the Stipulation of Class Action Settlement becomes final, Settlement Class Members will permanently release Vitacost.com, Inc. and its direct and indirect subsidiaries and affiliates, franchisees, distributors, suppliers, wholesalers, retailers, advertising and production agencies, licensors, and agents, including all officers, directors, employees, shareholders, consultants, insurers and assigns of all such persons or entities ( Released Parties ) from all known and unknown claims, actions, and causes of action relating to the purchase of the Products, and including claims, actions, and causes of action, for losses or damages of any type. Settlement Class Members will also (a) expressly, knowingly, and voluntarily waive any provision of any state or federal statutory or case law that provide that a general release does not extend to claims that the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by the creditor must have materially affected his or her settlement with the debtor; (b) expressly waive and relinquish all rights and benefits that they may have under, or that may be conferred upon them by, the provisions of Section 1542 of the California Civil Code and of all similar laws of other States, to the fullest extent that they may lawfully waive such rights or benefits pertaining to the Released Claims; and (c) expressly waive and relinquish all rights and benefits that they may have under, or that may be conferred upon them by, the provisions of state and federal statutory or case law, to the fullest extent that they may lawfully waive such rights or benefits pertaining to the Released Claims. In addition Settlement Class Members acknowledge that they are aware that they or their attorneys may hereafter discover claims or facts in addition to or different from those which they now know or believe to exist with respect to the Released Claims, but that it is their intention to hereby fully, finally, and forever settle and release all of the Released Claims, known or unknown, suspected or unsuspected, that they have against Released Parties. The Stipulation of Class Action Settlement does not release any claims for personal injury related to Settlement Class Members purchase or use of the Products. The specific claims you will be releasing are described in Section XI of the Stipulation of Class Action Settlement, available at Do I have a lawyer in this case? THE LAWYERS REPRESENTING YOU Yes. The Court appointed Joshua Eggnatz, Esq. and Michael Pascucci, Esq. of the law firm Eggnatz, Lopatin & Pascucci, LLP, and Richard W. Meirowitz of The Office of Richard W. Meirowitz to represent you and other Settlement Class Members as Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense. 4

5 16. How will the lawyers be paid? Class Counsel will ask the Court for up to $160,000 as an award of attorneys fees, costs and expenses, as well as a $2,500 service award to the Class Representative for his help in bringing the Action and negotiating the settlement. The Court may award less than these amounts. These amounts will not reduce the $360,000 available to pay Settlement Class Member claims. EXCLUDING YOURSELF FROM THE SETTLEMENT If you want to keep the right to sue or continue to sue Vitacost about the legal claims in this case, and you do not want to receive a payment from this settlement, you must take steps to get out of the settlement. This is called excluding yourself or opting out of the settlement. 17. How do I get out of the settlement? To exclude yourself from the settlement, you must mail a written request for exclusion to the Settlement Administrator. Your request for exclusion must include: (1) your name; (2) your address; (2) the name of this case, Holliday v. Vitacost.com, Inc., Case No CA (AA); (3) a statement that you are a Settlement Class Member and you wish to be excluded from the settlement; and (4) your signature. Your request for exclusion must be mailed to the Settlement Administrator at the address below and postmarked on or before July 29, 2016: Vitacost.com Settlement Administrator P.O. Box College Station, TX If I exclude myself, can I still get a payment from this settlement? No. If you exclude yourself, you are telling the Court that you don t want to be part of the Settlement Class in this settlement. You can only get a payment if you stay in the Settlement Class and submit a claim. 19. If I do not exclude myself, can I sue Vitacost for the same claims later? No. Unless you exclude yourself, you are giving up the right to sue Vitacost for the claims that this settlement resolves. You must exclude yourself from this lawsuit to start or continue with your own lawsuit or be part of any other lawsuit against Vitacost about the legal issues in this case. If you don t exclude yourself, you can still tell the Court if you don t agree with the settlement or any part of it. OBJECTING TO THE SETTLEMENT 20. How do I tell the Court that I do not like the settlement? If you are a Settlement Class Member, you can object to the settlement if you do not like it or a portion of it. You must give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must mail a letter saying that you object to the settlement of Holliday v. Vitacost.com, Inc., Case No CA (AA). Your objection must also include: (1) your name, address, telephone number and address; (2) a statement that you are a Settlement Class Member; (3) a list of all Products purchased from October 22, 2010, through June 6, 2016 (if applicable), as well as a statement indicating the purchases were made for household use; (4) proof of in store Product purchases; (5) the reasons why you object to the settlement; (6) a statement indicating whether you and/or your attorney intend to appear at the Court s final approval hearing; (7) a detailed list of any other objection that you or your attorney have submitted in any other class actions in any state or federal court in the previous five years, or a statement affirming that you or your attorney have not objected to any settlement in the past five years; and (8) your signature or the signature of your attorney. Mail your objection to all four addresses below postmarked on or before July 29, Clerk of the Court Clerk of the Court Main Courthouse 205 North Dixie Highway West Palm Beach, FL Class Counsel Joshua Eggnatz, Esq. Eggnatz, Lopatin & Pascucci, LLP 5400 S. University Drive Suite 417 Davie, FL Settlement Administrator Vitacost.com Settlement Administrator P.O. Box College Station, TX Defense Counsel Fredrick H. L. McClure DLA PIPER LLP (US) 100 North Tampa Street Suite 2200 Tampa, FL

6 21. May I come to Court to speak about my objection? Yes. You or your attorney may speak at the Fairness Hearing about your objection. To do so, you must indicate your desire in your objection (see Question 20). 22. What is the difference between objecting to the settlement and asking to be excluded from it? 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 Class (do not exclude yourself). Excluding yourself is telling the Court that you don t want to be part of the Settlement Class. If you exclude yourself, you cannot object because the settlement no longer affects 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. 23. When and where will the Court decide to approve the settlement? The Court will hold a Fairness Hearing at 1:30 p.m. on August 29, 2016, in Courtroom 10B of the Main Courthouse located at 205 North Dixie Highway, West Palm Beach, Florida, At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. It will also consider whether to approve Class Counsel s request for an award of attorneys fees, expenses and costs, as well as the service award to the Class Representative. If there are objections, the Court will consider them. Judge Oftedal will listen to people who have asked to speak at the hearing (see Question 21 above). After the hearing, the Court will decide whether to approve the settlement. 24. Do I have to come to the hearing? No. Class Counsel will answer any questions Judge Oftedal may have. However, you are welcome to come to the hearing at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but that is not necessary. 25. May I speak at the hearing? Yes. You may ask the Court for permission to speak at the Fairness Hearing, see Question 21 above. 26. What happens if I do nothing at all? IF YOU DO NOTHING If you are a Settlement Class Member and you do nothing (i.e. you don t submit a claim or exclude yourself), you will give up the rights explained in Question 14, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Vitacost about the legal issues in this case. In addition, you will not receive a payment from the settlement. 27. How do I get more information? GETTING MORE INFORMATION This Notice summarizes the proposed settlement. Complete details are provided in the Stipulation of Class Action Settlement. The Stipulation of Class Action Settlement and other related documents are available at Additional information is also available by calling , by ing or by writing to Vitacost.com Settlement Administrator, P.O. Box 40007, College Station, TX

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