The Law Office of Ronald A. Marron, APLC and Patton Boggs LLP Announce Preliminary Approval of Class Action Settlement
SAN DIEGO, May 25, 2012
SAN DIEGO, May 25, 2012 /PRNewswire/ -- The following notice is being issued pursuant to an order of the United States District Court, Southern District of California:
If you purchased a product manufactured by Boiron such as Oscillococcinum, Children's Oscillococcinum, Arnicare, Quietude, Camilia or Coldcalm between January 1, 2000 and the present, your rights may be affected by a proposed class action settlement.
Para una notificacionen Espanol, llamar o visitar nuestro website.
WHAT IS THIS CASE ABOUT? A proposed settlement has been reached in a class action lawsuit regarding Oscillococcinum, Children's Oscillococcinum, Arnicare, Quietude, Camilia, Coldcalm and other products manufactured by Boiron ("the Products"). The lawsuit (which is titled Gallucci v. Boiron, Inc. et al., No. 11-cv-2039-JAH (NLSx)) claims advertising concerning the Products was not true. The manufacturer of the Products stands by its advertising and denies it did anything wrong. The manufacturer has settled to avoid the cost and distraction of the lawsuit.
ARE YOU A CLASS MEMBER? You are a Class Member and may be eligible to receive a settlement benefit if you purchased the Products between Jan. 1, 2000 and the present. You are not a Class Member if you were a California resident whose only purchase of a Boiron product was of Children's Coldcalm in California after August 31, 2006.
WHAT DOES THIS SETTLEMENT PROVIDE? A settlement fund of $5 million is being set up to pay claims to eligible Class Members, attorneys' fees and costs, and the notice and claims administration costs. The manufacturer of the Products is also agreeing to make certain changes to the manner in which it advertises the Products. The Settlement Agreement is found at www.gilardi.com/boironsettlement.
WHAT ARE YOUR OPTIONS?File a Claim: To get a settlement benefit, Class Members must send in a completed claim form and, if available, proof of purchase of the Products to the Claims Administrator at the address below postmarked no later than 45 days after the date the Court enters the Judgment. Class Members who file timely and valid claims are eligible to receive up to $100.00 per household.
Object to the settlement: If you want to object to the settlement you must file a written statement with the Court and serve a copy on Class Counsel, Counsel for Defendants and the Claims Administrator, postmarked by July 14, 2012. Any objection regarding or related to the Agreement shall contain certain information about the objector's standing as a Class member, the facts supporting the objection, the legal grounds on which the objection is based, and verification under oath of the contents of that written statement. If an objecting party chooses to appear at the hearing, a notice of intent to appear must also be filed with the Court. The instructions for how to object are explained in the detailed notice at www.gilardi.com/boironsettlement.
Exclude Yourself: If you do not want to be bound by the settlement, you must send a letter to the Claims Administrator at the address below requesting to be excluded. The letter must be postmarked by July 14, 2012. If you exclude yourself, you cannot receive a benefit from this settlement, but you can sue the manufacturer of the Products for the claims alleged in this lawsuit. If you do not exclude yourself from the settlement or do nothing, you will be bound by the Court's decisions.
The Court will hold a hearing in this case on August 13, 2012at2:30 p.m.at the federal courthouse located at 940 Front Street, Courtroom 11, San Diego, CA 92101, to consider final approval of the settlement, including payment of reasonable attorneys' fees and costs to Class Counsel related to obtaining the settlement relief, an incentive award to each of the named Plaintiffs, and related issues. The motion(s) by Class Counsel for attorneys' fees and costs and incentive awards for the Class Representatives will be available for viewing on the settlement website after they are filed. You may appear at the hearing in person or through your attorney at your own cost, but you are not required to do so.
The detailed notice describes in detail how to file a claim, object, or exclude yourself and provides other important information. For more information and to obtain a detailed notice, claim form, list of Products, or other documents, visit www.gilardi.com/boironsettlementor call, toll-free, 877-256-3879, or write to Boiron Claims Administrator, P.O. Box 8060, San Rafael, CA 94912-8060.