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This case involves Products purchased in the United States between December 31, 2016, and March 15, 2022.
For purposes of Settlement only, the Court has conditionally certified a Settlement Class which is defined as all Persons who, between December 31, 2016, and March 15, 2022, purchased, in the United States, for personal use and not resale, any of the following products manufactured, sold, or distributed under the brand name “Palmer’s” that stated “for stretch marks” or “helps reduce the appearance of stretch marks” on the labels, including “Palmer’s Massage Lotion for Stretch Marks,” “Palmer’s Massage Cream for Stretch Marks,” and “Palmer’s Tummy Butter for Stretch Marks.”
If the Settlement does not become effective (for example, because it is not finally approved, or the approval is reversed on appeal), then this litigation will continue.
Plaintiff alleges that the representations that the Products are “for stretch marks” and “help reduce the appearance of stretch marks” are false and misleading. Defendant denies that there is any factual or legal basis for Plaintiff’s allegations. Defendant contends that its Product Labeling is accurate, denies making any misrepresentations, denies that Plaintiff or any other members of the Settlement Class have suffered any injury and, therefore, denies any liability.
The Court has not determined whether Plaintiff or Defendant is correct.
The Court has not decided whether the Plaintiff or the Defendant should win this case. Instead, both sides agreed to a settlement. That way, they avoid the uncertainties and expenses associated with ongoing litigation, and Settlement Class Members will get compensation sooner rather than, if at all, after the completion of a trial.
Settlement Class Members may elect either Tier 1 or Tier 2 Benefit, subject to further adjustments or reductions:
(a) Tier 1. Settlement Class Members who elect to fill out the Claim Form for Tier 1 and do not have valid Proof of Purchase may recover up to a maximum of $3.00 per Unit for up to two Units or $6.00 per Household; or
(b) Tier 2. Settlement Class Members who elect to fill out the Claim Form for Tier 2 and do have valid Proof of Purchase may recover up the full purchase price per Unit for up to five Units.
(c) All Claims submitted from the same Household shall be treated as a single Claim including for the purposes of the Proof of Purchase requirements.
(d) The Settlement Administrator may make further adjustments to the Benefit depending upon the specific number of Valid Claims.
To make a Claim, you must fill out the Claim Form available on this Settlement Website. You can submit the Claim Form online here, or you can print it and mail it to the Settlement Administrator at:
Claim Forms must be submitted online or postmarked by June 13, 2022, at 11:59 p.m. Central Time. Benefit payments will be made if the Court gives final approval to the proposed Settlement and after the final approval is no longer subject to appeal. Please be patient as this may take months or even years in the event that there is an appeal.
A Final Approval Hearing is scheduled for June 23, 2022. If the Court approves the Settlement and there are no appeals, the Benefit payments will be distributed approximately 60 days after the Claim Period is completed and the Settlement is no longer subject to appeal or review. If the Court does not approve the Settlement, or if the Settlement is overturned on appeal, no Benefit payments will be issued.
To date, Class Counsel has not been compensated for any of their work on this case. Class Counsel may apply to the Court to award them up to $1,000,000 to pay their Attorneys’ Fees and Expenses.
In addition, the named Class Representative in this case may apply to the Court for a Class Representative Service Award up to $3,000. This payment is designed to compensate the named Class Representative for the time, effort, and risks she undertook in pursuing this litigation.
Class Representative and her lawyers will file an Application with the Court on or before June 14, 2022, in support of their Application for Attorneys’ Fees and Expenses and payments as Class Representative Service Award. A copy of that Application will be available on the Settlement Website. The Court will determine the amount of Attorneys’ Fees and Expenses as well as the amount of Class Representative Service Awards.
If the Settlement becomes final, you will give up your right to sue the Defendant and other Released Parties for the claims being resolved by this Settlement. The specific claims you are giving up against the Defendant and other Released Parties are described in the Settlement Agreement. You will be releasing the Defendant and certain of its affiliates, employees and representatives as described in Section XIII of the Settlement Agreement. Unless you exclude yourself (see “How Do I Opt Out” below), you are releasing the claims, regardless of whether you submit a claim or not. The Settlement Agreement is available through the “Court Documents” link on this website.
The Settlement Agreement describes the released claims with specific descriptions, so read it carefully.
You can Opt-Out from the Settlement Class if you wish to retain the right to sue Defendant separately for the Released Claims. If you Opt-Out, you cannot file a Claim or Objection to the Settlement.
To Opt-Out, you must mail an Opt-Out request to the Settlement Administrator at Watson v. E.T. Browne Drug Co., Inc. c/o Kroll Settlement Administration, PO Box 225391, New York, New York 10150-5391, with copies mailed to Class Counsel and counsel for Defendant.
If mailed, the Opt-Out request must be signed by you, contain your full name, address, and phone number(s), and the following statement: “I/We request to Opt-Out from the Settlement in the E.T. Browne Action.”
Opt-Out requests must be received or postmarked on or before June 13, 2022.
You can ask the Court to deny approval of the Settlement by timely filing an Objection with the Court. You can’t ask the Court to order a larger Settlement; the Court can only approve or deny the Settlement. If the Court denies approval to the entire Settlement, no Benefit payments will be made, and the lawsuit will continue.
You can also ask the Court to disapprove the requested payments to Plaintiff and to her attorneys. If those payments are disapproved, no additional money will be paid to the Settlement Class. Instead, the funds earmarked for Plaintiff and her attorneys will be retained by Defendant.
You may also appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for paying that attorney. If you want to raise an Objection to the Settlement at the Final Approval Hearing, you must first submit that Objection in writing, by the Objection Deadline set forth above. Any Objection must include: (a) a reference at the beginning to this case, Lynn Watson v. E.T. Browne Drug Co., Inc., Case No. 2022LA000151, DuPage County Circuit Court, Illinois; (b) the name, address, telephone number, and, if available, the email address of the Person objecting, and if represented by counsel, of his/her counsel; (c) a written statement of all grounds for the Objection, accompanied by any legal support for such Objection; (d) whether he/she intends to appear at the Final Approval Hearing, either with or without counsel; (e) a statement of his/her membership in the Settlement Class, including all information required by the Claim Form; and (f) a detailed list of any other objections submitted by the Settlement Class Member, or his/her counsel, to any class actions submitted in any court, whether state or otherwise, in the United States in the previous five (5) years. If the Settlement Class Member or his/her counsel has not objected to any other class action settlement in any court in the United States in the previous five (5) years, he/she shall affirmatively state so in the written materials provided in connection with the Objection to this Settlement.
Failure to include this information and documentation may be grounds for overruling and rejecting your Objection.
All the information listed above must be filed with the Court on or before June 13, 2022.
If you file an Objection to the Settlement but still want to submit a Claim in the event the Court approves the Settlement, you must still timely submit a Claim Form according to the instructions described above.
By filing an Objection, you are consenting to the jurisdiction of the Court, and to produce documents and provide testimony prior to the Final Approval Hearing. You must also send a copy of your Objection to the Settlement Administrator, Class Counsel, and Defendant’s counsel:
Counsel for Class:
The Court will hold a hearing on June 23, 2022, to consider whether to approve the Settlement. The hearing will be held in the Circuit Court of DuPage County, Illinois, 10 Public Square, Belleville, IL 60817. The hearing will be held remotely and/or in the courtroom of the Honorable David E. Schwartz, which is located in Courtroom 2016. The hearing is open to the public. This hearing date may change without further notice to you. Consult this Settlement Website for updated information on the hearing date and time.
You can inspect many of the Court Documents connected with this case on the Document Section of this Settlement Website. You can also obtain additional information by contacting Class Counsel at [email protected]