Newport Trial Group and Pearson, Simon & Warshaw, LLP Announce Preliminary Approval of Class Action Settlement about Children's Coldcalm

SANTA ANA, Calif., July 1, 2013 /PRNewswire/ -- The following notice is being issued pursuant to an order of the United States District Court, Central District of California:

If you purchased a product manufactured by Boiron called Children's Coldcalm in the State of California, you may be entitled to a cash refund from a class action settlement.

Para una notificacion en espanol visite www.childrenscoldcalmsettlement.com.

WHAT IS THIS CASE ABOUT?  A proposed settlement has been reached in a class action lawsuit regarding Children's Coldcalm. The lawsuit (which is titled Delarosa v. Boiron, Inc., No. 8:10-cv-1569-BRO-CW) claims advertising concerning the product was not true. The manufacturer of Children's Coldcalm 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 Children's Coldcalm in the State of California for personal use between August 31, 2006 and September 3, 2013, and were domiciled or resided in California at the time of purchase.

WHAT DOES THIS SETTLEMENT PROVIDE?  The manufacturer of Children's Coldcalm has agreed to pay: (i) refunds to eligible Class Members who submit a valid claim form; (ii) $1,000 in statutory penalties to be awarded on a pro rata basis to Class Members who submit valid claim forms; (iii) Class Counsel's attorneys' fees and expenses in an amount not to exceed $750,000; and (iv) an incentive award to Plaintiff for her effort in bringing the Action in an amount not to exceed $5,000. The manufacturer has also agreed to make certain changes to the manner in which it advertises Children's Coldcalm. The Settlement Agreement is found at www.childrenscoldcalmsettlement.com.

WHAT ARE YOUR OPTIONS? File a Claim: To get a Settlement benefit, Class Members must submit, electronically or via mail, a completed claim form and, if available, proof of purchase of Children's Coldcalm by no later than September 3, 2013. Claims may be submitted online at www.childrenscoldcalmsettlement.com or by mail to Children's Coldcalm Settlement Administrator, c/o KCC Class Action Services, P.O. Box 6177, Novato, California 94948-6177. Class Members who file timely and valid claims are eligible to receive a refund for each product purchased, as well as a pro rata share of $1,000 in statutory penalties.

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 to Class Counsel, Counsel for Defendant, and the Claims Administrator, postmarked by September 3, 2013. Any objection to the Settlement shall contain information about the objector's standing as a Class Member, the facts supporting the objections, 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.childrenscoldcalmsettlement.com.

Exclude Yourself: If you are a Class Member and you do not want to be bound by the Settlement, you must request exclusion from the Settlement by no later than September 3, 2013. Requests for exclusion may be submitted online at www.childrenscoldcalmsettlement.com or by mail to Children's Coldcalm Settlement Administrator, c/o KCC Class Action Services, P.O. Box 6177, Novato, California 94948-6177. If you exclude yourself, you cannot receive a benefit from this Settlement, but you can sue the manufacturer of Children's Coldcalm for the claims alleged in this lawsuit. If you do not exclude yourself from the Settlement or do nothing, you will not be able to sue the manufacturer, except for product liability.

The Court will hold a hearing in this case at 1:30 p.m. PST on November 4, 2013 at the federal courthouse located at 312 North Spring Street, Room 14, Los Angeles, California 90012, to consider final approval of the Settlement, including payment of reasonable attorneys' fees and costs to Class Counsel related to obtaining Settlement relief, an incentive award to the named Plaintiff, and related issues. 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, or other documents, visit www.childrenscoldcalmsettlement.com, call toll-free at 1-855-282-8114, or write to Children's Coldcalm Settlement Administrator, c/o KCC Class Action Services, P.O. Box 6177, Novato, California 94948-6177.

For more information, call 1-855-282-8114 or visit www.childrenscoldcalmsettlement.com.

SOURCE Newport Trial Group; Pearson, Simon & Warshaw, LLP