Notice of Pendency of Class Action Superior Court of California, County of Alameda IF YOU PURCHASED AVACOR HAIR REGROWTH PRODUCTS, A CLASS ACTION LAWSUIT MAY AFFECT YOUR RIGHTS. A court authorized this notice. This is not a solicitation from a lawyer. A class action lawsuit has been filed alleging that the marketers of Avacor hair regrowth products violated California law by making unsubstantiated, false and misleading statements in connection with the advertising and sale of Avacor. The lawsuit also alleges misbranding and illegal distribution of Avacor in violation of law. The Court has allowed the lawsuit to be a class action on behalf of all California residents that purchased Avacor (the Class ). The Court has not decided whether the plaintiff s claims have any merit. There is no money available now, and no guarantee there will be. However, your legal rights are affected, and you have a choice to make now: YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT DO NOTHING Stay in this lawsuit. Await the outcome. Give up certain rights. By doing nothing, you keep the possibility of getting money or benefits that may come from a trial or a settlement. But, you give up any rights to sue the same defendants separately about the same legal claims in this lawsuit. ASK TO BE EXCLUDED Get out of this lawsuit. Get no benefits from it. Keep rights. If you ask to be excluded and money or benefits are later awarded, you won t share in those. But, you keep any rights to sue the same defendants separately about the same legal claims in this lawsuit. Your options are explained in this notice. To ask to be excluded, you must act before June 1, 2007. Lawyers for the Class will try to prove the claims against the marketers of Avacor in this litigation, including at a trial, if necessary. If money or benefits are obtained for the Class, you will be notified about how to ask for a share. If a judgment is entered against the plaintiffs claims, you may also be notified of that fact. Any questions? Read on, visit www.avacorlawsuit.com, or contact class counsel at classcounsel@avacorlawsuit.com.
Basic Information 1. Why did I get this notice? This notice explains that the Court has allowed, or certified, a class action lawsuit that may affect you. You have legal rights and options that you may exercise before the Court holds a trial. The trial is to decide whether the claims being made against Sprint, on your behalf, are correct. Judge Ronald M. Sabraw of the Superior Court of California, County of Alameda, is overseeing this class action. The lawsuit is known as Zill v. Sprint Spectrum Limited Partnership, et al., Case No. RG03114147. 2. What is this lawsuit about? This lawsuit alleges that the marketers of the Avacor hair regrowth products violated California law by making unsubstantiated, false and misleading statements in connection with the advertising and sale of Avacor. The lawsuit also alleges misbranding and illegal distribution of Avacor in violation of law. 3. Who are the Defendants? The defendants in this case are the companies and individuals involved in the marketing of Avacor. They include Global Vision Products, Inc., Anthony Imbriolo, Derrike Cope, David L. Gordon, Powertel Technologies, Inc., Craig Dix, Henry Edelson, and Robert DeBenedictis. They are referred to collectively as the Defendants. 4. What is a class action and who is involved? In a class action lawsuit, a Class Representative (in this case, James Thomas) sues on behalf of other people who have similar claims. The people together are a Class or Class Members. The named plaintiff who sued and all the Class Members like him are called the Plaintiffs. The companies and people they sued (in this case, the marketers of Avacor) are called the Defendants. One court resolves the issues for everyone in the Class except for those people who choose to exclude themselves from the Class. 5. Why is this lawsuit a class action? The Court decided that this lawsuit can be a class action and move towards a trial because it meets the requirements of California Code of Civil Procedure 382, and California Civil Code 1781, which govern class actions in California state courts. More information about why the Court is allowing this lawsuit to be a class action is in the Court s Order Certifying the Class, which is available at www.avacorlawsuit.com. The Claims In The Lawsuit 6. What are the plaintiffs claims in the lawsuit? In the lawsuit, the Plaintiff contends that Defendants marketing and promotion of Avacor deceptively references clinics and treatment centers, a medical study, and efficacy claims. Plaintiff contends that Avacor has never been tested in any methodologically sound clinical study, and that
Avacor is a minoxidil solution packaged with a shampoo and oral herbal tablets that have never been clinically proven to have any effect whatsoever on hair loss or hair regrowth. Plaintiff alleges that Defendants violated California s Unfair Competition Law ( UCL ), Business & Professions Code 17200, et seq., and the Consumer Legal Remedies Act ( CLRA ), Civil Code 1770, et seq. by making unsubstantiated, false and misleading statements in connection with the advertising and sale of Avacor. The lawsuit also alleges misbranding and illegal distribution of Avacor in violation of law. You can read the Plaintiffs Class Action Complaint at www.avacorlawsuit.com. 7. How do the Defendants answer? Defendant Powertel Technologies, Inc. has failed to answer the complaint. The remaining Defendants deny any wrongdoing and deny the plaintiff s allegations you can read their answers to the complaint at www.avacorlawsuit.com. 8. Has the Court decided who is right? The Court has not decided whether the Defendants or the Plaintiffs are correct. By establishing the Class and issuing this Notice, the Court is not suggesting that the Plaintiffs will win or lose this case. The Plaintiffs must prove their claims in the litigation, including at a trial, if necessary. 9. What are the Plaintiffs asking for? The Plaintiffs are asking for, among other things, monetary restitution and actual damages for purchasers of Avacor, punitive damages, pre- and post-judgment interest, and reasonable attorneys fees. The Plaintiffs are also asking for an order prohibiting defendants from continuing to market Avacor in violation of the law. 10. Is there any money available now? No money or benefits are available now because the Court has not yet made a decision whether Defendants did anything wrong, and the two sides have not settled the case. There is no guarantee that money or benefits ever will be obtained. If they are, you will be notified about how to ask for a share. If there is a judgment against the plaintiff, you may be notified of that fact as well. Who Is In The Class 11. Am I part of this Class? The Court has decided that all California residents that purchased Avacor on or before the date of this notice are Class Members. If you are a California resident that purchased Avacor, you are a Class Member. Your Rights and Options You have to decide whether to stay in the Class or ask to be excluded before the trial, and you have to decide this now.
12. What happens if I do nothing at all? By doing nothing you are staying in the Class. If you stay in and the Plaintiffs obtain money or benefits, as a result of either the trial or a settlement, you will be notified about whether you will need to apply for a share, and if so, how to do so. Keep in mind that if you do nothing now, and stay in the class, you will be legally bound by all of the orders the Court issues in this lawsuit, including any judgment that the Court makes. You will not be able to sue, or continue to sue, Defendants as part of any other lawsuit about the same legal claims that are the subject of this lawsuit. 13. Why would I ask to be excluded? If you are a member of the Class and you already have your own lawsuit against the marketers of Avacor for the same claims, or if you wish to preserve your ability to initiate your own lawsuit in the future or to participate in any other lawsuit against Defendants for the same claims, you need to ask to be excluded from the Class. If you exclude yourself from the Class which also means to remove yourself from the Class, and is sometimes called opting-out of the Class you won t get any money or benefits from this lawsuit even if the Plaintiff obtains them as a result of the trial or from any settlement (that may or may not be reached) between Plaintiff and the marketers of Avacor. However, you will also not be legally bound by the Court s judgments in this class action. 14. How do I ask the Court to exclude me from the Class? To ask to be excluded, you must send a letter or Exclusion Request form, postmarked by June 1, 2007 to Thomas v. Global Vision Products, Inc. Exclusions, P.O. Box 8060, San Rafael, CA 94912-8060, stating that you want to be excluded from the Class in Thomas v. Global Vision Products, Inc. Be sure to include your name and address, and sign the letter. This letter must be actually received by the addressee by June 8, 2007. You may also get an Exclusion Request form at the website, www.avacorlawsuit.com. There is also an Exclusion Request form attached to this notice. The Lawyers Representing You 15. Do the Class Members have a lawyer in this case? The Court appointed Law Offices of Scott A. Bursor, of New York, NY, and Bramson, Plutzik, Mahler & Birkhaeuser, LLP, of Walnut Creek, CA, and, Faruqi & Faruqi LLP, of New York, NY to represent the plaintiffs and all Class Members. Together they are called Class Counsel. 16. Should I get my own lawyer? If you choose to remain in the Class, you do not need to hire your own lawyer because Class Counsel is working on your behalf. But, if you want your own lawyer, you will be responsible for paying that lawyer. For example, you can ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for you. You may also consult a lawyer of your own choosing regarding this matter. 17. How will the lawyers be paid? If Class Counsel get money or benefits for the Class, they will ask the Court for fees and expenses. You won t have to pay these fees and expenses now. If the Court grants Class Counsels request, the fees and expenses would be either deducted from any money obtained for
the Class or paid separately by the Defendants. 18. Who represents Defendants? Madelyn Jaye, Esq., General Counsel for Global Vision Products, Inc., New York, NY, Brett S. Allen of Van De Poel & Levy, LLP, Walnut Creek, CA, and George M. Lee of Seiler Epstein Ziegler & Applegate LLP, San Francisco, CA, represent Defendants. The Trial 19. How and when will the Court decide who is right? As long as the case isn t resolved by a settlement or otherwise, Class Counsel will have to prove the Plaintiffs claims in this litigation, including at a trial if necessary. There is no guarantee that the Plaintiffs will win, or that they will get any money for the Class. The trial date has not yet been determined. 20. Do I have to come to the trial? The Court has not yet decided how any trial is to be conducted. You do not need to attend the trial unless you are subpoenaed to testify. Class Counsel will present the case for the Plaintiffs, and Defendants will present the defenses. You or your own lawyer are welcome to attend at your own expense. 21. Will I get money after the trial? If the Plaintiffs obtain money or benefits as a result of the trial or a settlement of these claims, you will be notified about how to participate. You also may be notified in the event the plaintiffs are unsuccessful. We do not know how long this will take. Getting More Information 22. Are more details available? Visit the website, www.avacorlawsuit.com, where you will find the Court s Order Certifying the Class, the Complaint that the Plaintiffs submitted, the Defendants answers to the Complaint, as well as an Exclusion Request form. You may also visit the court s website, www.alameda.courts.ca.gov. You may also contact class counsel by email at classcounsel@avacorlawsuit.com, or by writing to: Thomas v. Global Vision Products, Inc. Class Action, P.O. Box 8060, San Rafael, CA 94912-8060. Please do not contact the Court. DATE: April 12, 2007.