If you purchased a homeopathic product manufactured by Boiron, such as Oscillococcinum, Children’s Oscillococcinum, Arnicare, Quietude, Camilia, Coldcalm and others, you may be entitled to a cash refund from a class action settlement.
A class action settlement has been reached in a class action lawsuit against Boiron Inc. and Boiron USA, Inc. (“Defendants”) pending in the United States District Court Southern District of California (styled Gallucci et al. v. Boiron, Inc. et al., Class Action Case No.11-cv-2039-JAH-NLS), alleging, among other things, that Boiron falsely advertised that its Oscillococcinum and Children’s Oscillococcinum (“Oscillo”), Arnicare, Quietude, Camilia, Coldcalm and other homeopathic products manufactured by Boiron and sold in the United States relieve the symptoms they are advertised to relieve, according to the Boiron Oscillococcinum & Children’s Oscillococcinum, Arnicare, Quietude, Camilia, Coldcalm Homeopathic Products class action settlement notice.
The Class covered by the Boiron Oscillococcinum & Children’s Oscillococcinum, Arnicare, Quietude, Camilia, Coldcalm Homeopathic Products Settlement is defined as follows: All persons in the United States who purchased the Products from January 1, 2000 through Final Judgment in the Litigation (“the Class Period”). The Class expressly excludes Defendants, their officers, directors, employees and immediate families; and the Court, its officers and their immediate families. The class also reportedly excludes claims for Children’s ColdCalm made by members of the class certified in the matter of Delarosa v. Boiron, Inc. et al., No. 10-cv-1569-JST (C.D. Cal.) (the “Delarosa Class Members”), e.g., “all persons who are domiciled or reside in California, who purchased Children’s Coldcalm for personal use at any time during the four years preceding the filing” of the complaint in that action, see Delarosa v. Boiron, Inc., 275 F.R.D. 582 (C.D. Cal. Aug. 24, 2011), but reportedly does not exclude claims made by Delarosa Class Members as to all other Products.
Boiron will pay a sum total of $5,000,000 for (i) valid claims submitted by Class Members, (ii) Class Counsel’s attorneys’ fees and expenses, (iii) incentive awards to Plaintiffs for their effort in bringing the Action, (iv) costs of notice and claims administration, and (v) any applicable taxes.
If you are able to provide proof of purchase from any retailer in the United States (e.g., receipt or packaging) (“Proof of Purchase”), you may submit a claim which will entitle you to a refund of the amount(s) shown on the receipt, or the suggested retail price of the Product as determined by information on the packaging, such as bar or SKU code, subject to a cap of $100.00 per household.
If you are unable to provide Proof of Purchase but swears or affirm under penalty of perjury that you purchased a Product during the Class Period, you may submit a claim for $10.00 per Product, with a cap of $50.00 per household.
A fairness hearing has been set for August 13, 2012 at 2:30 p.m., before Judge John A. Houston in his courtroom at the United States District Court for the Southern District of California, 940 Front Street, San Diego, California, 92101. At the hearing, the Court will hear any properly submitted comments, objections, and arguments concerning the fairness of the proposed Boiron Oscillococcinum & Children’s Oscillococcinum, Arnicare, Quietude, Camilia, Coldcalm Homeopathic Products settlement, including the amount requested by Class Counsel for attorneys’ fees and expenses and incentive awards for the Class Representatives.
For more information about the proposed Boiron Oscillococcinum & Children’s Oscillococcinum, Arnicare, Quietude, Camilia, Coldcalm Homeopathic Products class action settlement, visit the settlement website:
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