SAN DIEGO, California--The following statement is being issued by Chattem and Blood Hurst & O'Reardon, LLP, regarding the Duffer v. Chattem, Inc. case.
Those people who purchased ACT Total Care Anticavity Fluoride Mouthwash between Jan. 1, 2009 and June 30, 2010, may be entitled to a cash refund from a class action settlement.
WHAT IS THIS SETTLEMENT ABOUT?
Plaintiff claims that defendant Chattem, Inc.'s ACT Total Care Anticavity Fluoride Mouthwash ("ACT Total Care") did not provide all of the comprehensive oral care health benefits as advertised, including the ability to reduce, remove, or otherwise fight plaque. Chattem strongly denies the allegations made in the lawsuit. The Court has not decided who is right and who is wrong. Instead, the parties decided to settle the dispute.
WHAT DOES THE SETTLEMENT PROVIDE?
Each Class Member who submits a valid Claim may be entitled to a cash payment for bottles of ACT Total Care purchased between Jan. 1, 2009, and June 30, 2010, not to exceed 10 bottles. Chattem will make payments of up to $1.5 million into a Settlement Fund to reimburse Class Members for the ACT Total Care they purchased, to pay for costs of settlement administration, and a service award to the Class Representative.
Class Members are scheduled to receive $1.50 for each qualifying 18-ounce or smaller bottle, and $2 for each qualifying 33-ounce or larger bottle. Depending on the amount of claims made and other factors, the payments may be decreased or increased, not to exceed $4 per 18-ounce or smaller bottle and $6 per 33-ounce or larger bottle. Chattem has agreed to pay an award of Plaintiff's Attorneys' Fees and Expenses of up to $300,000, separate from the Settlement Fund. The motion(s) by Class Counsel for Attorneys' Fees and Expenses and service award for the Class Representative will be available for viewing on the Settlement Website after they are filed. After that time, if you wish to review them, you may do so by viewing them at www.acttotalcaresettlement.com.
AM I A CLASS MEMBER?
You're a Class Member if you purchased ACT Total Care nationwide from Jan. 1, 2009, through June 30, 2010.
WHAT ARE MY LEGAL OPTIONS?
To ask for cash and remain in the Class, you must mail, fax, or submit online a completed Claim Form by July 6, 2013. If you do not wish to be legally bound by the Settlement, you may exclude yourself from the Class by April 8, 2013, or you may stay in the Class and object to the Settlement by April 8, 2013. Visit www.acttotalcaresettlement.com for important information about these options.
HEARING ON THE PROPOSED SETTLEMENT:
The Court will hold a Final Approval Hearing on May 7, 2013 at 10:30 a.m. to determine whether the proposed Settlement is fair, reasonable, and adequate, to approve Attorneys' Fees and Expenses, and any service award for the Class Representative. The Final Approval Hearing will take place at U.S. District Court, Southern District of California, 221 West Broadway, San Diego, CA 92101. You do not have to attend the hearing.