NOTICE OF CLASS CERTIFICATION - KCC Class Action

1 NWDNOT1 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK NOTICE OF CLASS CERTIFICATION If You Bought In-Store Promotion Products from News America, You May Be a Member of a Certified CLASS A court authorized this NOTICE . It is not a solicitation from a lawyer. You are not being sued. A CLASS Action lawsuit is pending in the United States District Court for the Southern District of New York ( the Court ) against News Corporation, News America Inc., and News America Marketing In-Store Services, LLC ( Defendants or News ).

2 The lawsuit alleges that News violated United States federal and state antitrust laws by monopolizing an alleged market for third party in-store promotion products. The lawsuit also alleges that News entered into exclusive, long-term contracts with retailers that preclude competitors from access to retail space, which harmed competition and raised prices to the CLASS . News denies any wrongdoing. The Court decided that this lawsuit should proceed as a CLASS Action on behalf of a CLASS , or a group of people and entities, that could include you.

3 The CLASS consists of non-retailer consumer packaged goods firms residing in the United States which have directly purchased in-store promotions from News at any time on or after April 5, 2008, and were not subject to mandatory arbitration clauses ( CLASS ). The in-store promotion products included in this lawsuit are SmartSource Coupon Machine; SmartSource Shelfvision video; SmartSource Shelftake one; SmartSource Shelftalk; SmartSource Shelftalk Banner; SmartSource Floortalk; SmartSource Showcase; SmartSource PricePop; SmartSource with NFC; Smartsampling Box; Smartsampling Display; and Tear Pad.

4 YOUR RIGHTS AND OPTIONS IN THIS LAWSUIT Do Nothing Stay in the lawsuit. Await the Outcome. Share in possible benefits. Give up certain rights. By doing nothing, you are choosing to stay in the CLASS . You will be permitted to share in any recovery that may result from this CLASS Action , but you will give up your rights to sue the Defendants in a separate lawsuit for the claims made in this CLASS Action . In addition, you will be bound by past and any future court rulings on, or settlement of, the claims against the Defendants.

5 Ask to be Excluded Get out of this lawsuit. Get no benefits. Keep your rights. If you opt out of the CLASS (meaning you say in writing that you do not want to be included in this lawsuit), you will not be entitled to any recovery that may result from this CLASS Action , but you will not be bound by any past or future rulings against Defendants. You will be free to pursue your own claims against the Defendants on your own or as part of a different lawsuit. THESE RIGHTS AND OPTIONS AND THE DEADLINES TO EXERCISE THEM ARE EXPLAINED IN THIS NOTICE BASIC INFORMATION ABOUT THE LAWSUIT 1.

6 Why did I get this NOTICE ? Records indicate that you may have purchased in-store promotion products directly from Defendants on or after April 5, 2008. For more information, go to - 2 - 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. Judge William H. Pauley III of the United States District Court for the Southern District of New York is overseeing this CLASS Action . The case is known as The Dial Corporation, et al.

7 V. News Corporation, et al., Civ. Action No. 1:13-cv-06802-WHP (the Action ). 2. What is the lawsuit about? This lawsuit is about whether Defendants violated federal and state antitrust laws by monopolizing an alleged market for third party in-store promotion products in the United States. Specifically, Plaintiffs allege that Defendants engaged in various anticompetitive acts, including entering into long-term, exclusive agreements with retailers, to obtain and maintain an illegal monopoly and extract higher prices from customers.

8 Defendants deny any wrongdoing. 3. What is a CLASS Action and who is involved? In a CLASS Action lawsuit, one or more people called CLASS Representatives (in this case The Dial Corporation ( Dial ), Henkel Consumer Goods Inc. ( Henkel ), H. J. Heinz Company and H. J. Heinz Company, (collectively, Heinz ), Foster Poultry Farms, a California corporation ( Foster Farms ), Smithfield Foods, Inc. ( Smithfield ), HP Hood LLC ( HP Hood ), and BEF Foods, Inc. ( Bob Evans )) sue on behalf of themselves and other people who have similar claims.

9 These people and entities together are called a CLASS or CLASS Members. Dial, Henkel, Heinz, Foster Farms, Smithfield, HP Hood, and Bob Evans and all the CLASS Members like them are called Plaintiffs. The companies the Plaintiffs sued News Corporation, News America Inc., and News America Marketing In-Store Services, LLC are called the Defendants. One court resolves the issues for all CLASS Members except for those who choose to exclude themselves. 4. What has happened in the lawsuit? On October 24, 2013, CLASS Representatives Dial, Henkel, Heinz, Foster Farms, Smithfield, HP Hood, Bob Evans, and Spectrum Brands Inc.

10 , filed, on behalf of a putative CLASS , a complaint against Defendants alleging that Defendants had violated the Sherman Act, 15 1, 2; the Clayton Act 15 14.; the Michigan Antitrust Reform Act, Mich. Comp. Laws Ann. and ; and GEN. BUS. LAW 340(1) ( Complaint ). The CLASS Representatives amended their Complaint on April 4, 2014. The Complaint alleges that Defendants obtained and maintained a monopoly in the market for third party in-store promotions through various exclusionary and anticompetitive conduct.