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Summary

On August 24, 2005, the United States Department of Justice, National Institute of Justice, decertified all vests containing-Zylon® and on the same date issued a warning stating "The National Institute of Justice hereby advises that it has identified…Zylon® as a material that appears to create a risk of death or serious injury as a result of degraded ballistic performance when used in body armor."

A settlement in the case was reached between the parties and preliminarily approved on April 11, 2007.

If finally approved, the Settlement provides two primary benefits to both agency and individual purchasers:

1. Cash Option - Upon submitting proof of purchase:
1. Class Members who purchased their First Choice Zylon®-containing vests on or after August 24, 2004 shall be entitled to a cash payment of 100% of the purchase price.
2. Class Members who purchased their First Choice Zylon®-containing vests on or after August 24, 2002 through August 23, 2004, shall be entitled to a cash payment of 80% of the purchase price.
3. Class Members who purchased their First Choice Zylon®-containing vests on or before August 23, 2002, shall be entitled to a cash payment of 60% of the purchase price.
2. Replacement Vest Option - Instead of receiving cash, Class members are entitled to receive, at no cost, a new non-Zylon replacement vest(s) of equivalent value to their Zylon® vest(s) plus one carrier at no cost. First Choice will be responsible for all transaction costs associated with the delivery of the replacement vests to Class members.

All Class members choosing Replacement Vests shall be entitled to have them delivered right away, or may elect future delivery up to thirty-six months after the date of Final Approval of the Settlement or February 28, 2010, whichever is later. All vests will have a five year warranty running form the date of delivery.

The vests involved were sold by First Choice and their distributors and representatives to state and local law enforcement agencies, individuals and others and include, among others, the following popular models: MSF1-IIA, MSF1REV2A, MF46, MF123, MF123C, MF465, MF472, MF713, MSF1-II, MF1113, MF2000, MP201, MP201C, MFF143-II, MFF143C, MSFFII, MFF374, MFREVII, MFREV1433, MF261, MF733, MF1234, MSF1-IIIA, MSF1REV3A and all K-9 vest containing Zylon®.

The lawsuit asserts that the defendants manufactured bullet-resistant vests containing Zylon® that failed to meet the performance characteristics for which they were warranted, that the defendants withheld material information from the Class related to defects in the vests and that the defendants' actions in marketing and continuing to sell the vests violated consumer protection and unfair and deceptive trade practice laws. The defendants deny these allegations and any wrongdoing. The Court has not made a final decision either way.

As described in the Frequently Asked Questions ("FAQ") section, the Notice of Pendency of Class Action, Proposed Settlement and Final Approval Hearing ("Long Form Notice") and the First Choice Zylon® Vest Claim Form ("Claim Form") have been or will be mailed to all known members of the Class explaining their rights under the proposed Settlement. A copy of the Notice and related documents and forms can also be downloaded from the "Documents" section of this website.

Important Dates

Deadline to File a Claim Form - December 13, 2007

Deadline to Object or Opt-Out from the Plaintiff Class - August 1, 2007

Class members should continue to check this website for updates to ensure that they receive relevant information.