According to the docket posted, on January 15, 2002, the Court entered the Memorandum and Order by U.S. District Judge Richard G. Stearns approving the settlement and awarding attorneys’ fees in the amount of 20% of the Settlement Fund, or $563,824.00, and costs in the amount of $9,721.82. A Notice of Appeal was filed and later dismissed by the U.S. Court of Appeals. On July 30, 2002, the Court entered the Order and Final Judgment, and the case was closed.

By the Notice of Pendency of Class Action, a Settlement Fund consisting of $2,750,000 in cash, plus interest, has been established. Pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order of the United States District Court for the District of Massachusetts (the "Court") dated August 6, 2001, that a hearing will be held before the Honorable Richard G. Stearns in the United States Courthouse, One Courthouse Way, Boston, Massachusetts 02210, at 2:00 p.m., on October 24, 2001 (the "Settlement Fairness Hearing") to determine whether a proposed settlement (the "Settlement") of the above-captioned action (the "Action") as set forth in the Stipulation and Agreement of Settlement dated July 10, 2001 (the "Stipulation"), is fair, reasonable and adequate and to consider the proposed Plan of Allocation for the Settlement proceeds and the application of Plaintiffs' Counsel for attorneys' fees and reimbursement of expenses.

The complaint alleges violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 by the Company's former Chief Executive Officer and former Chief Financial Officer. NutraMax recently filed for bankruptcy and has not been named as a defendant. The complaint alleges that from January 20, 1998 through November 24, 1999, defendants issued materially false and misleading financial statements and press releases concerning NutraMax's revenues, income and earnings per share. The Company's financial statements made during the Class Period, all of which implicitly and/or expressly were prepared in conformity with generally accepted accounting principles ("GAAP"), were materially false and misleading because the Company materially overstated its revenues, income and earnings.