If you purchased Eligible Coppertone Sunscreen Products described below, your rights may be affected by a proposed class action Settlement.
LAKE OSWEGO, Ore., Oct. 9, 2012 /PRNewswire/ -- The following statement is being issued by The Garden City Group, Inc. in its capacity as the Court-appointed Notice and Settlement Administrator regarding the Coppertone Sunscreen Products Proposed Class Action Settlement.
A settlement has been proposed in a class action lawsuit regarding Eligible Coppertone Sunscreen Products sold by Merck as described below. The Court in Steven Brody, et al. vs. Merck & Co., Inc., et al., Case No. 12-cv-4774-PGS-DEA will hold a Final Approval Hearing.
ARE YOU AFFECTED?
You are a Settlement Class Member if you are a natural person and you purchased any Eligible Coppertone Sunscreen Products up to and including October 5, 2012 with limited exclusions, such as for resale. If you are a Settlement Class Member, you may be eligible to receive a payment if you purchased any Eligible Coppertone Sunscreen Product between July 31, 2006 up to October 5, 2012.
WHAT IS THIS CASE ABOUT?
The lawsuit alleges that Merck violated certain state laws regarding the labeling and advertising of certain sunscreen products. Merck denies all wrongdoing. The Court did not decide which side was right. Instead, the Parties have decided to settle. The Parties believe the proposed Settlement is fair, reasonable, and adequate and it will provide substantial benefit to the Settlement Class.
WHAT DOES THIS SETTLEMENT PROVIDE?
The Settlement provides a fund of between $3 to $10 million to pay Claims to eligible Settlement Class Members relating to the purchase of Eligible Coppertone Sunscreen Products; claims and administration costs; Named Plaintiffs' incentive awards; and at least $1 million divided among three legal services organizations. Merck shall separately pay up to $2 million in attorneys' fees and costs, as awarded by the Court, as well as notice costs. Eligible Coppertone Sunscreen Products include any and all sunscreen products sold in the United States, its territories and possessions, under the brand name "Coppertone," which were labeled and/or advertised to provide protection against the sun's UVA and/or UVB rays. Merck has also agreed to make certain label and advertising changes.
HOW DO YOU ASK FOR A PAYMENT?
To be eligible for a payment, Settlement Class Members must send in a completed Claim Form electronically submitted or postmarked by March 4, 2013 declaring that they purchased Eligible Coppertone Sunscreen Products between July 31, 2006 up to and including October 5, 2012 and satisfy other requirements, as applicable.
Payment amounts to eligible Settlement Class Members will vary depending upon, among other factors, the number of product(s) purchased by each Claimant, the number of products claimed by all Settlement Class Members, other payments as discussed above, and other adjustments and deductions. The amount could be the same or less than $1.50 for each individual Eligible Coppertone Sunscreen Product purchased.
WHAT ARE YOUR OPTIONS?
If you are a Settlement Class Member, you may (1) do nothing; (2) exclude yourself from the Settlement Class; (3) send in a Claim Form; and/or (4) object to the Settlement.
If you don't want to be bound by the Settlement, you must exclude yourself by letter postmarked by January 31, 2013. If you exclude yourself, you can't get a payment from this Settlement, but you can sue Merck for these claims. If you stay in the Settlement Class, you may submit a Claim Form and/or object to the Settlement. Claim Forms must be submitted to the Notice and Settlement Administrator by March 4, 2013. Objections must be filed with the Court by January 31, 2013. The Court will hold a hearing on February 20, 2013 at 10:00 a.m. Eastern Standard Time in Courtroom 4E, Clarkson S. Fisher Building & U.S. Courthouse, 402 East State Street, Trenton, NJ 08608, to consider final approval of the Settlement, payment of attorneys' fees and expenses of up to $2 million and payments of up to $2,500 for each of the three Named Plaintiffs, and related issues. You may appear at the hearing, but you don't have to.
Claims for injunctive and other non-monetary relief were settled in a corresponding proceeding in the State of California making similar allegations. The claims for monetary relief made in the California action may be affected by this proposed class action Settlement.
HOW CAN YOU FILE A CLAIM OR GET MORE INFORMATION?
To obtain a detailed notice and Claim Form, file a Claim or review other Settlement documents, visit www.sunscreensettlement.com. You can also call toll-free 1 (877) 302-3668, or write to the Notice and Settlement Administrator, Sunscreen Settlement, c/o GCG, P.O. Box 35018, Seattle, WA 98124-1018.