Important Update: The Court issued the Final Judgment and Order Approving Class-Action Settlement on July 10, 2013, which can be viewed under Court Documents. Awards for Authorized Claimants were distributed by check beginning the week of September 9, 2013.
Overview Of The Settlement
If you purchased ACT® Total Care Anticavity Fluoride Mouthwash between January 1, 2009 and June 30, 2010, you may be entitled to a cash refund from a class action settlement.
The Settlement resolves a lawsuit claiming that defendant Chattem, Inc. misrepresented that ACT® Total Care Anticavity Fluoride Mouthwash provided comprehensive oral care health benefits, including the ability to reduce, remove, or otherwise fight plaque. Defendant Chattem, Inc. strongly denies all allegations and is entering into this settlement to avoid burdensome and costly litigation. The Settlement is not an admission of wrongdoing.
The Court did not decide this case in favor of Plaintiff or Defendant. Instead, both sides agreed to a settlement. That way, they avoid the cost of a trial, and settlement benefits go to the Class Members. The Class Representative and the attorneys believe the Settlement is best for the Class Members, who may receive nothing if the case were tried. Chattem has agreed to provide a total minimum settlement fund of $1.1 million and a maximum settlement fund of $1.5 million in full settlement of the Claims of the Settlement Class.
What Are My Options?
|The deadline to submit a Claim Form was July 6, 2013.|
|EXCLUDE YOURSELF||The deadline to exclude yourself from the Settlement was April 8, 2013.|
|The deadline to object to the Settlement was April 8, 2013.|
|DO NOTHING||You will get no cash refund. However, any leftover money will be donated to one or more nonprofit organizations.|
Final Approval Hearing
The Court held a Final Approval Hearing at 10:30 a.m. on May 7, 2013, at the United States District Court, Southern District of California, 221 West Broadway, Courtroom 7, San Diego, California, 92101. At this hearing, the Court considered whether the Settlement is fair, reasonable and adequate. On July 10, 2013, the Court approved the Settlement.