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Bonnett, Fairbourn, Friedman & Balint, P.C., Boodell & Domanskis, LLC and Westerman Law Corp Announce Certification of Class in Boiron, Inc. and Boiron USA, Inc. Oscillococcinum Litigation


News provided by

Bonnett, Fairbourn, Friedman & Balint, P.C.

Sep 18, 2015, 08:23 ET

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LOS ANGELES, Sept. 18, 2015 /PRNewswire/ -- The following statement is being issued by Bonnett, Fairbourn, Friedman & Balint, P.C., Boodell & Domanskis, LLC and Westerman Law Corp regarding the Oscillococcinum Litigation:

LEGAL NOTICE
If you are a California resident and purchased Oscillococcinum ("Oscillo") in the state of California from July 28, 2012 to July 31, 2014, you may be a Class Member with the right to participate or exclude yourself from this lawsuit.

A Federal Court Authorized this notice. This is not a solicitation from a lawyer.

Para ver este aviso en español, visite www.OscilloClassAction.com.

This legal notice has been approved by the United States District Court for the Central District of California (referred to as "District Court") regarding the case Lewert v. Boiron, Inc., Case No. 2:11-cv-10803-SVW-SH. The purpose of this Notice is to inform you that the Court has decided that this lawsuit may proceed as a class action and that you may be a member of the Class, describe what the lawsuit is about, how it may affect your rights, and explain what steps you can take to either stay in the action or exclude yourself.

This lawsuit has been brought by Christopher Lewert against Boiron, Inc. and Boiron USA, Inc. ("Boiron") about the labeling of certain packages of Oscillococcinum, a homeopathic flu-like symptom relief product.

If you are included in the lawsuit, your rights will be affected and you may be able to get benefits from it.

Your legal rights are affected whether or not you act. Please read this Notice carefully.

WHO IS INCLUDED? The Certified Class includes all residents of California who purchased for personal use, and not resale or distribution, in the state of California one of the following Oscillo Products during the time periods specified, and were not members of the Gallucci class: 

Product

Dates Purchased

Oscillo 30-dose package

July 28, 2012 – August 31, 2013

Oscillo 12-dose package

July 28, 2012 – June 30, 2014

Oscillo 6-dose package

July 28, 2012 – July 31, 2014

HOW DO I STAY IN THE LAWSUIT?  If you wish to remain in the lawsuit, simply do nothing at this time.  You have the right to stay in the lawsuit as a Class Member and await the outcome of the case.  It will cost you nothing.  If you decide to stay in the lawsuit as a Class Member, you will be bound by all orders, judgments and decisions of the Court.  At the end of the case, you may receive money or other benefits as may be awarded as a result of a trial or settlement reached between plaintiff and Boiron. 

If you stay in the case, Plaintiff Lewert will pursue the claims and remedies on your behalf.  There is no guarantee that plaintiff will be successful with his claims and/or win the lawsuit at trial or before.  If the Class is awarded money or benefits, you will be notified about how to apply for your share.

Please keep in mind that if you do nothing now and stay in the lawsuit, you will give up your rights to sue Boiron separately in another lawsuit about legal claims that are part of this lawsuit. You waive your right to bring a separate lawsuit if you do not exclude yourself from this case.  If you stay in the case, you will be legally bound by all of the Orders that the Court issues in this case, including if there is an order approving a settlement, or a final judgment.

HOW DO I GET OUT OF THE LAWSUIT? You have the right to not be part of this lawsuit by excluding yourself or "opting out" of the Class. If you wish to be excluded from the Lawsuit, you must submit a request for exclusion to the Class Action Administrator by email at [email protected] or by mail to Oscillo Consumer Class Action, c/o Gilardi & Co. LLC, P.O. Box 8060, San Rafael, CA 94912-8060, postmarked no later than October 30, 2015. Your request for exclusion must (1) be signed by you, (2) contain a statement that you want to be excluded from the Class, and (3) contain a statement that you are a member of the Class and have purchased one or more packages of Oscillo. If you have any questions concerning these procedures, please contact the Class Action Administrator at 1-844-222-7464. 

You may opt out for yourself only and may not opt out on behalf of others.

IF YOU DO NOT EXCLUDE YOURSELF BY THE DEADLINE ABOVE, YOU WILL REMAIN PART OF THE CLASS AND BE BOUND BY THE ORDERS OF THE COURT IN THIS LAWSUIT, INCLUDING IF THERE IS COURT APPROVAL OF A SETTLEMENT OR A FINAL JUDGMENT, WHETHER OR NOT IT IS FAVORABLE TO PLAINTIFF AND YOU.

If you exclude yourself from the Class, you give up your right to receive any money or other benefits awarded as a result of trial or settlement, and you will not be bound by any judgments or other orders of the Court whether favorable or unfavorable to you and/or the Class. However, you will keep your right to sue Boiron separately in another lawsuit and bring the same legal claims as are part of this lawsuit.

WANT MORE INFORMATION? Go to the website, www.OscilloClassAction.com; call 1-844-222-7464 or write to Oscillo Consumer Class Action, c/o Gilardi & Co. LLC, P.O. Box 8060, San Rafael, CA 94912-8060.

Media Contact:
Elaine A. Ryan 
BONNETT, FAIRBOURN, FRIEDMAN & BALINT, P.C. 
2325 East Camelback Road 
Suite 300 
Phoenix, Arizona 85016 
Telephone: (602) 274-1100 

SOURCE Bonnett, Fairbourn, Friedman & Balint, P.C.

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