Frequently Asked Questions
- What is this lawsuit about?
- Who is included in the Settlement Class?
- What can I get from the Settlement?
- How can I get a cash payment?
- How will the lawyers be paid?
- Do I have a lawyer in this case?
- How do I get out of the Settlement?
- How do I tell the Court that I do not like the Settlement?
- When and where will the Court decide whether to approve the Settlement?
Plaintiff filed a class action 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 parties have agreed to settle the lawsuit on the terms explained in the notice. The settlement will resolve this case and any other related class action cases.
You may be a member of the Class if you purchased ACT® Total Care Anticavity Fluoride Mouthwash in the United States between January 1, 2009 and June 30, 2010. This settlement only covers the alleged economic loss for the purchase of the ACT® product listed above.
Excluded from the Settlement Class are: (i) those who purchased the ACT® Total Care branded products for purpose of resale; (ii) those with claims for personal injuries arising from the ingestion of one or more ACT® Total Care branded products; (iii) Defendant and its officers, directors and employees; (iv) any person who files a valid and timely Request for Exclusion; and (v) the Judge(s) to whom this Action is assigned and any members of their immediate families.
You could have submitted a Claim for the ACT® Total Care Anticavity Fluoride Mouthwash that you purchased between January 1, 2009 and June 30, 2010, up to a maximum of ten bottles. The amount of the cash payment you may be entitled to under the settlement depends upon the number and size bottle(s) of ACT® Total Care Anticavity Fluoride Mouthwash that you purchased from January 1, 2009, up to and including June 30, 2010, as well as the total of the timely, valid and approved Claims submitted by all other Class Members and other factors specified in the Settlement Agreement and in the Class Notice. As a result, the amount of relief available to eligible Class Members may vary. Class Members are scheduled to receive $1.50 for each 18 ounce or smaller bottle of ACT® Total Care Anticavity Fluoride Mouthwash purchased during the relevant time frame, and $2.00 for each 33 ounce or larger bottle purchased during the relevant time period; however, those amounts may be reduced or increased based on the number of Claims made, as explained in more detail below.
If the total of the timely, valid and approved Eligible Claims submitted by Class Members exceeds the available relief from the $1.1 million Settlement Fund, minus any covered costs, then Chattem shall supplement the Settlement Fund by the amount necessary to pay all Eligible Claims, up to a maximum of $400,000 of additional payment (the “Supplemental Net Settlement Fund”) into the Net Settlement Fund.
If the aggregate amount of Eligible Claims exceeds the Settlement Fund plus the maximum amount of the Supplemental Net Settlement Fund, each eligible Class Member’s award shall be reduced on a pro rata basis.
If the total of the timely, valid, and approved Eligible Claims submitted by Class Members is less than the available relief from the $1.1 million Settlement Fund, minus any covered costs, each eligible Class Member’s award shall be increased on a pro rata basis to a maximum of $4.00 per 18 ounce (or smaller) bottle or $6.00 per 33 ounce (or larger) bottle, with such aggregate awards not to exceed the $1.1 million Settlement Fund.
If any amount remains in the $1.1 million Settlement Fund after payment of maximum increased individual Eligible Claims, minus any covered costs, then that remaining amount shall be paid as a charitable donation to the Consumers Union, or to some other similar non-profit organization or organizations as the Court determines.
The deadline to submit a Claim Form was July 6, 2013.
The Court awarded attorneys’ fees and out-of-pocket expenses in an amount of $300,000. These amounts will be paid by Defendant separately from the $1.1 million Settlement Fund.
In addition, the Court awarded the plaintiff a service award of $3,000 to be paid from the Settlement Fund for his time and effort acting as plaintiff in the lawsuit.
Defendant did not oppose these awards.
The Court appointed the law firms of Bonnett Fairbourn Friedman & Balint, P.C. and Blood Hurst & O’Reardon, LLP to represent you and other Class Members. These lawyers are called Class Counsel.
The deadline to exclude yourself from the Settlement was April 8, 2013.
The deadline to object to the Settlement was April 8, 2013.
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 decided to approve the Settlement.