YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

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1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY If you bought Dreamfields Pasta you could get a cash payment from a class action settlement. (A federal court authorized this notice. This is not a solicitation from a lawyer.) A Settlement of two class actions has been reached with Dakota Growers, the maker of Dreamfields Pasta. Your legal rights are affected whether or not you act. Please read this notice carefully. YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT SUBMIT A CLAIM FORM BY SEPTEMBER 1, 2014 EXCLUDE YOURSELF FROM THE CLASS BY SEPTEMBER 1, 2014 COMMENT BY SEPTEMBER 1, 2014 ATTEND A HEARING ON SEPTEMBER 24, 2014 DO NOTHING The only way to receive a payment is to submit a claim unless you made your purchases of Dreamfields Pasta exclusively online and received a notice by without requesting it. Receive no payment. This is the only option that allows you to pursue claims against Dakota Growers Pasta Company, Inc. ( Dakota Growers ) by filing your own lawsuit at your own expense. Write to the Court about why you do, or do not, like the settlement. You must remain in the Settlement Class to comment on the settlement. Ask to speak to the Court about the fairness of the settlement. Receive no payment, and give up your right to sue. These rights and options, and the deadlines to exercise them, are explained in this notice. The Court responsible for this case still has to decide whether to approve the settlement. Payments will be made if the Court approves the settlement and after any appeals are resolved. Capitalized terms in this notice are defined in the Settlement Agreement that is available as described in response to Question 14 below. 1. Why should I read this notice? This notice is to inform you that on May 9, 2014, the Court preliminarily approved a settlement of two class actions known as Mirakay v. Dakota Growers Pasta Company, Inc. ( Mirakay ) and

2 Weiss v. Dakota Growers, Inc. ( Weiss ). This notice describes the settlement. Please read this notice carefully to determine whether you wish to participate in the settlement. Your rights and options and the deadlines to exercise them are explained in this notice. Your legal rights are affected regardless of whether or not you act. The people who sued are called the Plaintiffs. Dakota Growers is the Defendant. 2. What is the Lawsuit about? Since approximately 2004, Dakota Growers has sold Dreamfields Pasta. These products are collectively called the Covered Products in this notice. The Mirakay lawsuit claims that certain representations made in the advertising for and packaging of the Covered Products regarding the pasta s low glycemic index and low digestible carbohydrates were not scientifically supported and were misleading. Defendants do not agree and deny any wrongdoing. Another case, Weiss, was filed in the District of Minnesota alleging similar claims. That case is also covered by this settlement. 3. Why is there a settlement? The Court has not decided in favor of either side in the case. Dakota Growers denies all allegations of wrongdoing or liability, contends that its conduct was lawful, and is agreeing to settle to avoid the expense, inconvenience, and inherent risk of litigation. Plaintiffs and their attorneys agree that the settlement is in the best interests of the Settlement Class because it provides substantial monetary relief and meaningful label changes now while avoiding the risk, expense, and delay of pursuing the case through trial and any appeals. WHO IS PART OF THE SETTLEMENT? 4. Who is included in the settlement? The class covered by the settlement is defined as follows: all individuals who purchased Dreamfields Pasta products sold in the United States for personal use and not resale or distribution, with a label that referred to glycemic index or digestible carbs, between February 2004 and July 1, The products purchased by members of the Settlement Class are called the Covered Products. 5. What if I am not sure whether I am included in the settlement? If you are not sure whether you are included in the settlement, you may call with questions or visit You may also write with questions to Dreamfields Pasta Settlement, P.O. Box 1900, Faribault, MN

3 THE SETTLEMENT BENEFITS 6. What does the settlement provide? Dakota Growers has agreed to pay (1) $5 million cash for the benefit of the class, including for notice and administrative costs; and (2) subject to Court approval, an additional payment of attorneys fees and costs in an amount not to exceed $2,920,000 (see Question 8), which would include an incentive award for the five plaintiffs in an amount not to exceed a total of $20,000. Dakota Growers has also agreed to remove all statements regarding the pasta s low glycemic index and low digestible carbohydrates from the packaging of the Covered Products for at least one year. Consideration for Class Members If you are a member of the Settlement Class (defined in Question 4 above), and you do not submit a request to be excluded from the class, you are eligible to receive compensation as follows: 1. Online Purchases. Receive an automatic payment if you purchased Dreamfields Pasta online, and received a notice about this settlement by without requesting it. You need not do anything and a check will be mailed to you in the amount equal to $1.99 for each box of Dreamfields Pasta you purchased online (no limit on number of boxes). To be reimbursed for any instore purchases you made, you will have to submit a claim form as described below. 2. Purchases Made in the Store. File a claim to receive $1.99 for each box of Dreamfields Pasta you purchased in a store (up to 15 boxes per household). 3. If the total value of all approved claims is less than the amount of money available to pay claims (after costs for notice and administration have been deducted), eligible Settlement Class Members payments will be increased proportionally up to 50%. If any funds remain after such increase, the leftover amount will be donated to the American Diabetes Association. 4. If the total value of all approved claims is greater than the amount of money available to pay claims (after costs for notice and administration have been deducted), eligible Settlement Class Members payments will be reduced proportionally. 3

4 HOW TO GET A PAYMENT 7. How can I get a payment? To get benefits, you must complete a claim form. You can file a claim online at or by mail. You can get a claim form at the website or by calling or writing to the Settlement Administrator at Dreamfields Pasta Settlement, P.O. Box 1900, Faribault, MN Your claim for a cash refund must be filed online or postmarked by September 1, However, if you received this notice by without requesting it and made your purchase of Dreamfields Pasta exclusively online, you do not need to submit a claim. A check will be mailed to you. THOSE REPRESENTING YOU 8. Who represents the Settlement Class? Class Representatives. For purposes of the settlement, the Court has appointed Joseph Mirakay, Louis Messina, Michael Elefterakis, John Gembinski, and Jesse Weiss to serve as the Class Representatives. Settlement Class Counsel. The Court has appointed Brian D. Penny, William B. Federman, John D. Zaremba, and Charles W. Branham, III as legal counsel for the Settlement Class. From the start of the lawsuit in July 2013 to the present, Settlement Class Counsel have not received any payment for their services in prosecuting the case or obtaining the settlement, nor have they been reimbursed for any out-of-pocket expenses. When they ask the Court to approve the settlement, they will also make a motion to the Court for an award of attorneys fees and reimbursement of expenses, in a total amount not to exceed $2,920,000. The amount of attorneys fees and costs awarded by the Court will be paid by Dakota Growers. The Settlement Class Members do not have to pay anything toward the fees or expenses of Settlement Class Counsel. Settlement Class Counsel will seek final approval of the settlement on behalf of all Settlement Class Members. You may hire your own lawyer to represent you in this case if you wish, but it will be at your own expense. EXCLUDING YOURSELF FROM THE SETTLEMENT 9. How can I exclude myself from the Settlement Class? To exclude yourself from the Settlement Class, you must send a letter saying that you want to be excluded from the class in Mirakay v. Dakota Growers Pasta Company, Inc. Your exclusion request must include your name, address, telephone number, signature, and a signed statement to the effect that: I/We hereby request to be excluded from the proposed Settlement Class in the 4

5 Dreamfields Pasta Litigation. Your exclusion request must be postmarked no later than September 1, 2014 and sent to the following address: Dreamfields Pasta Settlement, P.O. Box 1900, Faribault, MN If you decide to opt-out, you will (1) not be entitled to a cash payment, (2) not be bound by any further orders or judgments in this case, but you will (3) retain your right, if any, to pursue your own lawsuit against Dakota Growers, or any other released party, at your own expense. If you proceed on an individual basis, you may receive more, or less, of a benefit than you would otherwise receive under this settlement. COMMENTING ON THE SETTLEMENT 10. How can I tell the Court what I think about the settlement? If you do not exclude yourself from the Settlement Class, you can comment in support of or in opposition to the settlement. Your objection or comment must be filed with the Clerk of the Court, and you must mail copies of it to Settlement Class Counsel and Dakota Grower s Counsel, by September 1, Their addresses are: CLERK OF THE COURT SETTLEMENT CLASS COUNSEL DEFENDANT S COUNSEL Clerk of the Court Clarkson S. Fisher Building & U.S. Courthouse United States District Court for the District of New Jersey 402 East State Street Room 2020 Trenton, NJ The objection or comment must include: Brian D. Penny Goldman Scarlato Karon & Penny, P.C. 101 East Lancaster Avenue, Suite 204 Wayne, PA William B. Federman Federman & Sherwood North Pennsylvania Avenue Oklahoma City, OK Michael W. Davis Sidley Austin LLP One South Dearborn Chicago, IL The caption Mirakay v. Dakota Growers Pasta Company, Inc., No. 3:13-cv JAP-LHG; Your full name and current address; A signed statement that you are a member of the Settlement Class and that identifies the products purchased as well as the approximate date and location of the purchases; The specific grounds for your objection; All documents, writings, or evidence (including testimony) that you want the Court to consider; and 5

6 Notice of your intention to appear at the Fairness Hearing (if any). The Court will consider all comments from Settlement Class Members. If you intend to appear at the Fairness Hearing through counsel, your comment must also state the identity of all attorneys representing you who will appear at the Fairness Hearing. REMAIN IN THE CLASS 11. What am I giving up to stay in the Settlement Class? If the settlement becomes final, you will give up your right to sue Dakota Growers for the claims being resolved by this settlement. The specific claims you are giving up against Dakota Growers are described in Paragraphs 5, 8, and 9 of the Settlement Agreement. You will be releasing Dakota Growers and all related people as described in Paragraphs 5, 8 and 9 of the Settlement Agreement. The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions you can talk to the lawyers listed in Question 8 for free or you can, of course, talk to your own lawyer if you have questions about what this means. You can get a copy of the Settlement Agreement from the Clerk of the Court, online at or by writing to the Settlement Administrator at Dreamfields Pasta Settlement, P.O. Box 1900, Faribault, MN THE FAIRNESS HEARING 12. When and where will the Court hold a hearing on the fairness of the settlement? A Fairness Hearing has been set for September 24, 2014, at 10:00 a.m., before District Judge Joel A. Pisano, Court Room 1, United States District Court for the District of New Jersey, 402 East State Street, Trenton, New Jersey The hearing can be moved to a different date or time without additional notice, so check or the Court docket for current information. At the hearing, the Court will hear any comments, objections, and arguments concerning the fairness of the proposed settlement, including the amount requested by Settlement Class Counsel for attorneys fees and expenses, and an incentive award for the Class Representatives. You do not need to attend this hearing. You also do not need to attend to have a comment or objection considered by the Court. 6

7 13. Do I have to come to the Fairness Hearing? May I speak at the hearing? You do not need to attend the Fairness Hearing to remain a Class Member or submit a claim for a cash payment. You or your own lawyer may attend the hearing if you wish, at your own expense. If you do not exclude yourself from the Settlement Class, you may ask the Court for permission to speak at the hearing. To do so, you must send a letter stating that you intend to appear at the Fairness Hearing concerning Mirakay v. Dakota Growers Pasta Company, Inc., No. 3:13-cv JAP-LHG. The letter must include (a) your full name and current address; (b) a signed statement that you are a member of the Settlement Class, and that identifies the products purchased, as well as the approximate date and location of the purchases; (c) the specific grounds for the objection or comment in support of the settlement; (d) all documents, writings, or evidence (including testimony) that you want the Court to consider; and (e) a notice of intention to appear (if any). If you intend to appear at the Fairness Hearing through counsel, you must also state the identity of all attorneys representing you who will appear at the Fairness Hearing. You also must (1) identify every case by name, court, and case number in which your attorney has appeared as an objector s counsel within the past five years; (2) provide a copy of the papers the attorney, as objector s counsel, filed in any such case; (3) identify any sanction that your counsel has received from any court in connection with the attorney s efforts as an objector s counsel; and (4) provide any court order in which a court refers to or discusses the attorney as objector s counsel, you, or the objection raised by you and counsel. You must mail your notice to the Clerk of the Court, Settlement Class Counsel, and Dakota Growers counsel at the three addresses listed under Question 10 above and it must be postmarked no later than September 1, If you do not make a timely objection as outlined above you will not be able to make an objection in this case or challenge the settlement for any other reason. You need to appear in person at the Fairness Hearing (or through your counsel) if you want to appeal any order approving the settlement or any awards to Class Counsel or named Plaintiffs. The Plaintiffs and Dakota Growers may ask for proof of Class Membership for anyone making an objection to the settlement. If you do not provide any requested proof, Class Counsel and Dakota Growers may depose you. Please see Section 17 of the Settlement Agreement, available at for more information. 7

8 GETTING MORE INFORMATION 14. Where do I get additional information? This notice provides only a summary of the matters relating to the settlement. For more detailed information, you may want to review the Settlement Agreement. You can view the Settlement Agreement and get more information at You can also get more information by calling toll-free The Settlement Agreement and all other pleadings and papers filed in the Litigation are available for inspection and copying during regular business hours at the office of United States District Court for the District of New Jersey, Clarkson S. Fisher Building & U.S. Courthouse, 402 East State Street, Trenton, New Jersey If you would like additional information, you can write to Settlement Class Counsel at the address listed in Question 10. PLEASE DO NOT CONTACT THE COURT OR DAKOTA GROWERS WITH QUESTIONS ABOUT THE SETTLEMENT 8

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