I don't believe that is correct.
"2. In order to participate, claimants will have to have first lost money on sales of shares."
Holding stock through the class period would have resulted in damages. Those who sold stock during the class period would have had their damages mitigated by the higher PPS.
I've received cheques from companies I'd forgotten I even owned, for the simple fact that I didn't opt-out of the class action. Since the terms of JBI's settlement are not yet known, it's not entirely possible to know if you're correct about this or not. If you are correct, then it's a highly unusual outcome, at least in my experience and for other class action results I've followed.