If you purchased or acquired any 2011 Crayola Washable Colored Bubbles products, your rights may be affected by a proposed class action settlement.
A class action settlement has been reached in a class action lawsuit against Crayola LLC (“Crayola” or “Defendant”) pending in the United States District Court for the Western District of Washington (styled Alyson Herfert v. Crayola LLC, Class Action Case No. 2:11-cv-1301-JCC) alleging, among other things, that the labeling and advertising of Crayola’s Washable Colored Bubbles that were distributed at retail in 2011 was and is not true, according to the Crayola Washable Colored Bubbles class action settlement notice.
Under the proposed Crayola Washable Colored Bubbles Settlement Agreement, you are a Class Member if you purchased or acquired any 2011 Crayola Washable Colored Bubbles products. 2011 Crayola Washable Colored Bubbles are products identified as:
- individual bottles of bubble solution [SKU numbers 03-7500, 03-7502, 03-7548, 03-7500-0-451, 03-7500-0-441, 03-7500-0-431, 03-7500-0-421, and 03-7500-0-411];
- the “Washable Colored Bubbles Bubble Launcher” [SKU number 03-7300];
- the “Washable Colored Bubbles Wand Set” [SKU number 03-7400];
- the “Washable Colored Bubbles” three-pack [SKU number 03-7503]; and
- the “Washable Colored Bubbles Play Pack” [SKU numbers 03-7601 and 03-7602].
Specifically, the Court has conditionally certified the following Class:
All persons in the United States and its territories who purchased or acquired (including by gift) 2011 Washable Colored Bubbles, through the date of Final Settlement Approval. Excluded from the Class are: (i) Crayola LLC, any entity in which Crayola LLC has a controlling interest, and Crayola LLC’s officers, directors, legal representatives, predecessors, successors, and assigns; (ii) affiliates of Crayola LLC, and those affiliates’ officers, directors, legal representatives, predecessors, successors, and assigns; and (iii) the judicial officers to whom this case is assigned.
The proposed Crayola Washable Colored Bubbles Settlement Agreement provides monetary or voucher benefits to the class, as well as additional relief, as follows:
- Compensation for Purchase Costs: Class Members with proof of purchase or a UPC will receive their choice of: (i) the cash value of the 2011 Washable Colored Bubbles product(s) (plus any shipping, handling and tax if applicable) in the form of a check; or (ii) Crayola vouchers for the value of the 2011 Washable Colored Bubbles product(s) purchased (plus shipping, handling and tax if applicable), plus $5.00 in vouchers. Compensation or vouchers will not be given to more than one person for the same product. Class Members with no proof of purchase may receive the value of the 2011 Washable Colored Bubbles product(s) purchased in the form of Crayola vouchers not to exceed $12.00.
- Compensation for Cleaning Costs: For out-of-pocket costs for cleaning supplies or services to remediate stains caused by 2011 Washable Colored Bubbles, Crayola will provide the cash value of such costs provided that: (i) the Class Member has a receipt or other reliable documentation for a 2011 Washable Colored Bubble product; (ii) the Class Member attests that the stain resulted from the 2011 Washable Colored Bubble product; and (iii) the Class Member provides a receipt or other reliable documentation showing out-of-pocket cost for the cleaning supplies or services.
- Compensation for Property Damage: For out-of-pocket costs to remediate damage to real or personal property caused by 2011 Washable Colored Bubbles, Crayola will provide the reasonable cash value of such costs provided the Class Member has receipts or other reliable documentation. Crayola reserves the right to seek verification of such damage, including the possible use of a claims adjustor at Crayola’s expense to personally view the damage. Class Members dissatisfied with the resolution offered in connection with this provision have the right to appeal the offered remedy to a third party agreed to by Crayola and Plaintiffs. The reasonable fees and costs of the third party will be reimbursed by Crayola.
Additional benefits to the Class include the discontinued production of the 2011 Washable Colored Bubbles as originally formulated; introduction of revised, improved bubble formula in 2012; removal of “washable” and “spill resistant” from labeling for the 2012 bubbles; clear labeling of product “for outdoor use”; designation on the label that the product is “messy”; and a recommendation on the label that “play clothes” be worn while using the product. In addition, Crayola will contribute art supplies valued at $250,000.00 to one or more designated youth charities.
The Court has scheduled a Final Approval Hearing for the proposed Crayola Washable Colored Bubbles Settlement Agreement at the United States District Court for the Western District of Washington, Seattle Courthouse in the Honorable John C. Coughenour’s courtroom, 700 Stewart Street, Seattle, Washington, 98101 on April 24, 2012 at 9:30 a.m. to determine whether the proposed Settlement Agreement should be finally approved as fair, reasonable and adequate.
For more information on the Crayola Washable Colored Bubbles class action settlement (including class member’s opt-out, objection and other rights and deadlines), visit Crayola’s Washable Colored Bubbles settlement website:
www.crayola.com/2011bubblessettlement
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