PHILADELPHIA, July 30, 2021 /PRNewswire/ -- The following statement is being issued by Law Offices of Ronald A. Marron, APLC regarding the Windex® "Non-Toxic" Settlement.
What Is This Notice About?
A proposed settlement has been reached in a class action lawsuit regarding the "non-toxic" labels on Windex® brand glass cleaners. A settlement is not an admission of any wrongdoing. The lawsuit is being resolved through negotiations rather than a trial on the merits.
If you are a member of the Class in this lawsuit, you may make a claim by electronically submitting or mailing a Claim Form.
The Superior Court of California, Alameda County authorized this notice. Before any money is paid, the Court will have a hearing to decide whether to approve the Settlement. On November 8, 2021, Class Counsel will submit their motion for final approval and request for attorneys' fees, costs and/or expenses, which will be available at www.ClarkClassSettlement.com or by calling 855-229-7512.
Am I a Class Member?
You are a Class Member if you are a United States resident and purchased either Windex® Original Glass Cleaner, Windex® Vinegar Glass Cleaner, Windex® Ammonia-Free Glass Cleaner, or Windex® Multi-Surface Glass Cleaner with a "non-toxic" label between January 1, 2019 and July 9, 2021 for personal use and not for resale. Excluded from the Class are S.C. Johnson & Son, Inc.'s officers and directors; governmental entities; persons who properly exclude themselves from the Class; and the Court, the Court's immediate family, and the Court's staff.
What does the Settlement Provide?
A $1.3 million Settlement Fund will be created to pay notice and administrative costs, attorneys' fees, costs and expenses, named Plaintiff's Incentive Award, and to reimburse Class Members for qualifying purchases of Windex® products.
What Benefits Could I Receive?
If the Settlement is approved by the Court, Class Members will be able to recover: (1) a cash payment of $1.00 for each product purchased, up to a maximum of $10 (without proof of purchase); and (2) a cash payment of $1.00 for each product purchased, with no limitation (with proof of purchase). Claimants must affirm their purchases to be eligible for the cash payment. If the total amount of claims exceeds the available proceeds in the settlement fund, benefits will be reduced proportionally so that all eligible Class Members can be partially reimbursed.
Additionally, ninety (90) days after the Settlement is approved and any appeals are resolved, the products at issue in this lawsuit will no longer be advertised as "non-toxic."
What Are My Rights?
- You Can Accept the Settlement. If you wish to receive any cash benefits under the Settlement, you MUST fill out and submit a Claim Form by October 29, 2021. You can obtain a Form by (1) filling out an online form at www.ClarkClassSettlement.com; (2) calling the Settlement Administrator at 855-229-7512; or (3) mailing a written request for a Claim Form including your name and mailing address by regular mail to: Windex "Non-Toxic" Settlement, c/o Kroll Settlement Administration, P.O. Box 131, Warminster, PA 18974-0131. If you fail to timely submit a Claim Form and do not exclude yourself from the Settlement, then you will be bound by the Settlement but will not receive any cash benefits from the Settlement.
- You Can Object to the Settlement. If you believe the Settlement is unsatisfactory, you may file a signed, written objection with the Clerk of the Court for the Superior Court of California, County of Alameda and send copies to the following Counsel representing the Class and S.C. Johnson & Son, Inc.
Ronald Marron, Esq.
Law Offices of Ronald A. Marron, APLC
651 Arroyo Drive
San Diego, CA 92103
Telephone: (619) 696-9006
S.C. Johnson & Son, Inc.'s Counsel:
David F. McDowell
Morrison & Foerster, LLP
707 Wilshire Blvd., Suite 6000
Los Angeles, CA 90017
Telephone: (213) 892-5200
Any objection should state the reason for objecting, any factual or legal basis for the objection, and whether the objecting Class Member intends to appear at the Final Approval Hearing. It must also include a list of any other objections submitted by the objecting Class Member and his/her counsel within the previous five (5) years. The deadline for submitting objections to the settlement is November 12, 2021.
3. You Can "Opt Out" of the Settlement. If you do not wish to participate in the Settlement, you must provide written notice so indicating. Such notice must include your name, current address, and a statement that you want to be excluded from the lawsuit in Clark v. S.C. Johnson & Son, Inc., Case No. RG 20067897, and must be postmarked no later than October 29, 2021. Your written notice should be sent to: Windex "Non-Toxic" Settlement, c/o Kroll Settlement Administration, P.O. Box 131, Warminster, PA 18974-0131. Please be advised that if you "opt out" of the Settlement, you will not receive any money from the Settlement. If you opt out of the Settlement, you will preserve your right to pursue any otherwise Released Claims against S.C. Johnson & Son, Inc., and will be responsible for any attorneys' fees and costs you incur if you choose to pursue your own lawsuit.
The Fairness Hearing
On December 7, 2021, at 3pm the Court will hold a hearing to determine: (1) whether the proposed Settlement is fair, reasonable and adequate and should receive final approval; and (2) whether any application for attorneys' fees, costs and/or expenses and named Plaintiff's Service Awards should be granted. Objections to the proposed Settlement by Class Members will be considered by the Court, but only if such objections are filed in writing with the Court and sent to Class Counsel and S.C. Johnson & Son, Inc.'s Counsel by November 12, 2021. Class Members who support the proposed Settlement do not need to appear at the hearing or take any other action to indicate their approval. The Fairness Hearing will take place at Dept. 23 of the Administration Building, 1221 Oak Street, Oakland, CA 94612.
You may seek the advice and guidance of your own attorney if you desire. If you would like a detailed notice or claim form, you can get one by e-mailing [email protected], downloading it from www.ClarkClassSettlement.com, writing to Windex "Non-Toxic" Settlement, c/o Kroll Settlement Administration, P.O. Box 131, Warminster, PA 18974-0131, or calling 855-229-7512. Copies of the Settlement are available www.ClarkClassSettlement.com, or may be obtained by examining the publicly available court records. You can also www.ClarkClassSettlement.com if you have any questions about this Settlement. Please do not contact the Court or Clerk for information.
By order of the Superior Court of California, County of Alameda.
SOURCE Law Offices of Ronald A. Marron, APLC