On June 28, 2016, a Northern District of California Federal Court granted preliminary settlement approval to a class action alleging that certain PepsiCo soda products violated California’s Proposition 65. The settlement class includes all individuals in the United States who purchased Pepsi, Diet Pepsi, and Pepsi One (“Covered Products”) from January 1, 2010, until June 28, 2016. As part of the injunctive relief only settlement, PepsiCo agreed to lower its levels of 4-MEI (4-Methylimidazole) in certain products sold nationwide. The settlement requires PepsiCo to ensure that certain products contain no more than 100 parts per billion of 4- MEI.

Additionally, PepsiCo agreed to conduct regularly scheduled testing of these products to ensure compliance of what was agreed to in the settlement. On August 25, 2016, in Courtroom 5D of the United States District Court for the Northern District of California, located at 450 Golden Gate Avenue, San Francisco, California, before the Honorable Edward M. Chen, the Court held a hearing to determine whether final approval of this nation-wide class action settlement is appropriate. If approved, class members will release their ability to seek or obtain any other injunctive relief related to the claims asserted in this lawsuit. You may view the settlement agreement and other related documents here: http://www.oag.ca.gov/prop65/60-Day-Notice- 2014-00218.

Plaintiffs are represented by Pearson Warshaw, LLP and Glancy Prongay & Murray LLP.