If you purchased an Eligible Coppertone Sunscreen Product a proposed Coppertone Sunscreen UVA & UVB Ray Protection Class Action Lawsuit Settlement may affect your rights.
A consumer class action settlement has been reached in a class action lawsuit against Merck & Co., Inc. (“Merck” or “Defendant”) in the United States District Court for the District of New Jersey (styled Steven Brody, et al. vs. Merck & Co., Inc., et al., Class Action Case No. 12-cv-4774-PGS-DEA), alleging, among other things, that that Merck violated certain state laws and consumer protection statutes by allegedly inducing consumers to purchase certain Coppertone Sunscreen Products at a premium price based on the purported benefits provided, including, but not limited to, the nature, extent, amount, and/or effectiveness of UVA and/or UVB protection provided by these products, according to the Coppertone Sunscreen UVA & UVB Ray Protection class action settlement notice.
With some limited exceptions, the Coppertone Sunscreen UVA & UVB Ray Protection Settlement Class includes all natural persons who purchased Eligible Coppertone Sunscreen Products in the United States of America and its territories and possessions, up to and including October 5, 2012.
Eligible Coppertone Sunscreen Products reportedly means any and all sunscreen products sold in the United States of America and its territories and possessions under the brand name “Coppertone,” which were labeled and/or advertised to provide protection against the sun’s UVA or UVB rays.
The Coppertone Sunscreen UVA & UVB Ray Protection Settlement Agreement reportedly provides that Merck will create a settlement fund of a minimum of $3 million to a maximum of $10 million that will be used to pay:
(a) payments to Claimants for valid, timely, complete, and approved Claims;
(b) claim administration costs;
(c) payments to Named Plaintiffs for incentive awards;
(d) $1 million divided up to three legal services organizations: $333,333.33 each to Legal Aid Foundation of Los Angeles and Legal Services of New York City, and $333,333.34 to Legal Services of New Jersey; and
(e) residual payments, if any funds remain of the $3 million minimum, to LAFLA, LSNYC, and LSNJ.
Merck will separately pay, in addition to the Settlement Fund, to Settlement Class Counsel, the Attorneys’ Fees and Expenses, as awarded by the Court, as well as notice costs.
To receive a payment under the Coppertone Sunscreen UVA & UVB Ray Protection Settlement, you must send in a Claim Form.
Under the Coppertone Sunscreen UVA & UVB Ray Protection settlement Merck also reportedly agreed, among other things, that all Coppertone sunscreen products manufactured on or after June 22, 2012 for sale in the United States will not use the terms “sunblock,” “waterproof,” “sweatproof,” “all day,” and/or “all day protection” in the labeling, advertising, marketing, or promotion of these products.
On February 20, 2013, at 10:00 a.m. Eastern Standard Time, the Court will hold a Final Fairness Hearing at the United States District Court for the District of New Jersey, before the Honorable Peter G. Sheridan, in Courtroom 4E, Clarkson S. Fisher Building & U.S. Courthouse, 402 East State Street, Trenton, NJ 08608.
For additional information on the Coppertone Sunscreen settlement, visit the Coppertone Sunscreen settlement website at www.sunscreensettlement.com or call toll-free 877-302-3668.
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