Philips Electronics & Avent Class Action Settlement Of Class Action Lawsuits Over Bisphenol-A BPA Polycarbonate Plastic Products.
A class action settlement agreement has been reached in a class action lawsuit against Philips Electronics North America Corporation (“Philips Electronics”) and Avent America, Inc. (“Avent” or “Avent America”) (collectively “Philips” or “Defendants”) in the United States District Court for the Western District of Missouri (styled In re Bisphenol-A (BPA) Polycarbonate Plastic Products Liability Litigation, Master Case No., 4:08-1967-MD-W-ODS, MDL No. 1967 and Broadway et al v. Avent America, Inc. et al., Class Action Case No. 08-00997), alleging, among other things, that Philips sold Avent brand plastic baby bottles and sippy cups that contained the chemical Bisphenol-A BPA Polycarbonate and asserting claims for unjust enrichment, consumer fraud violations, and breach of implied warranty, according to the Philips Electronics & Avent Plastic Baby Bottles & Sippy Cup Bisphenol-A BPA Polycarbonate Plastic Products Liability class action settlement agreement and preliminary class action settlement approval order.
The Court reportedly certified for settlement purposes the following settlement class in the proposed Philips Electronics & Avent Plastic Baby Bottles & Sippy Cup Bisphenol-A BPA Polycarbonate Plastic Products Liability class action settlement:
All persons who from January 1, 2001 to the present, purchased or acquired (including by gift) a BPA Product from Philips Electronics North America Corporation (for itself and as successor to Avent America, Inc.) in the United States. Excluded from the Settlement Class are: (1) any person that has already obtained any refund from any retailer in connection with the BPA Product(s) for which the Class Members seek relief in this case, (2) any Person who files a valid,
timely Request for Exclusion; (3) any Person who purchased a BPA Product but gave away such product as a gift; and (4) any Judges to whom this Action is assigned and any member of their immediate families.
BPA Products reportedly means those polycarbonate baby bottles and training or sippy cups products manufactured, sold, distributed or otherwise put into commerce in the United States by Philips from the period January 1, 2001 through December 31, 2008, including the following:
- Airflex Natural Feeding Bottle (4 oz)
- Airflex Natural Feeding Bottle (9 oz)
- Airflex Natural Feeding Bottle (11 oz)
- Avent Magic Cup (7 oz)
- Avent Magic Cup (9 oz)
- Avent Natural Feeding Bottle or Feeding Bottle (4 oz)
- Avent Natural Feeding Bottle or Feeding Bottle (9 oz)
- Avent Natural Feeding Bottle or Feeding Bottle (11 oz)
The Philips Electronics & Avent Plastic Baby Bottles & Sippy Cup Bisphenol-A BPA Polycarbonate Plastic Products Liability class action lawsuit settlement reportedly provides for injunctive relief providing that for four years Philips shall not knowingly sell baby bottles or sippy cups with materials containing Bisphenol-A BPA in the United States, subject to certain limitations in the form of trigger events, which, if they occur, would allow Philips to sell the baby bottles or sippy cups with Bisphenol-A BPA provided there is disclosure appearing on the package that indicates that the product is made from “polycarbonate” or “polycarbonate plastic” and that BPA is a part of polycarbonate or polycarbonate plasticplastic.
The Philips Electronics & Avent Plastic Baby Bottles & Sippy Cup Bisphenol-A BPA Polycarbonate Plastic Products Liability class action lawsuit settlement also reportedly provides for monetary relief in the form of vouchers or refunds to settlement class members that submit valid and timely claim forms (no later than July 16, 2011).
For more information on the Philips Electronics & Avent Plastic Baby Bottles & Sippy Cup Bisphenol-A BPA Polycarbonate Plastic Products Liability class action lawsuit settlement, including how to participate in, be excluded from or object to the settlement and the deadlines by which to do so, visit the Philips BPA Settlement website:
www.PhilipsBPASettlement.com
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