Notice of Settlement of Certain Coppertone Spray Sunscreen Products
The notice may affect your rights. Please read it carefully.
A court authorized the notice. This is not a solicitation from a lawyer.
Important Dates
A settlement has been reached in a class action lawsuit against Bayer HealthCare LLC and Beiersdorf, Inc. (“Defendants”), involving the marketing and sale of certain spray sunscreen products. It affects all natural persons who, before August 2, 2022, purchased in the United States, for personal, family, or household use and not resale, any of the following Coppertone spray sunscreen products: (1) Pure & Simple SPF 50; (2) Pure & Simple Kids SPF 50; (3) Pure & Simple Baby SPF 50; (4) Sport Mineral SPF 50; (5) Sport SPF 50; (6) Sport SPF 30; (7) Sport SPF 15; (8) Complete SPF 50; (9) Complete SPF 30; (10) Glow Shimmer SPF 50; (11) Glow Shimmer SPF 30; (12) Kids SPF 50 (collectively, the “Covered Products”).
A Court has authorized this notice because you have a right to know about the proposed settlement of this class-action lawsuit, and your options, before the Court decides whether to give “final approval” to the Settlement. This notice summarizes the lawsuit, the proposed Settlement, and your legal rights.
A lawsuit was brought against Defendants concerning the marketing and sale of certain Coppertone spray sunscreen products which are or were marketed and sold by Defendants. The lawsuit alleges that these products were inappropriately marketed because it was not disclosed that certain of Defendants’ Coppertone spray sunscreen products contained benzene. The lawsuit alleges various harms including but not limited to misrepresentation and improper labeling and was brought on behalf of all consumers who bought the Covered Products.
Defendants deny all claims and allegations made in the Litigation and any wrongdoing whatsoever. Defendants maintain that the Products have always been safe for use. The Settlement Class Representative and Defendants have now agreed to a settlement to resolve the lawsuit. The Court has not decided whether Settlement Class Representative or Defendants are correct. By agreeing to the settlement, neither Defendants nor Settlement Class Representative make any admissions regarding the merits of the allegations, claims, or defenses in this case. Defendants are settling the Litigation to avoid the expense, inconvenience, risk, and disruption of the litigation. It is not an admission of any wrongdoing.
| YOUR RIGHTS AND OPTIONS IN THIS SETTLEMENT | |
|---|---|
| SUBMIT A CLAIM FORM | File a claim for payment online or by mail. By submitting a Claim Form you will be bound by the settlement. This is the only way to receive payment under the Settlement for your purchases. See Frequently Asked Questions page for more information. |
| EXCLUDE YOURSELF | If you exclude yourself from the Settlement Class (also called "opting out"), you will give up your right to receive a monetary payment under the settlement, but will retain any rights you may have to bring your own lawsuit about the issues in the lawsuit. See Frequently Asked Questions page for more information. |
| OBJECT | If you do not exclude yourself from the Settlement Class, you may object to, or comment on, the settlement and/or Settlement Class Counsel's request for attorneys' fees and litigation expenses and for Incentive Awards to the plaintiff who brought this lawsuit on behalf of the Settlement Class. See Frequently Asked Questions page for more information. |
| GO TO A HEARING | Ask to speak in Court about the settlement, the amount of attorney's fees, or the payments to the Settlement Class Representative (If you object to any aspect of the settlement, amount of attorney's fees, or the payments to the Settlement Class Representative, you must submit a written objection by the Objection Deadline.) See Frequently Asked Questions page for more information. |
| DO NOTHING | If you do nothing and the settlement becomes final, you will not receive a settlement payment, even if you are a Settlement Class Member, and have no right to sue later for the claims released by the settlement. |
Final Approval Hearing
On January 5, 2023, at 4:45pm the Court will hold hearings to determine (1) whether the proposed settlement is fair, reasonable and adequate and should receive final approval; (2) whether the applications for attorneys’ fees and/or expenses brought by the Plaintiff’s Counsel should be granted; and (3) whether the application for a class representative payment to the Plaintiff who brought the lawsuit should be granted. The hearing will be held in the United States District Court for the Eastern District of New York, 225 Cadman Plaza East, Brooklyn, NY 11201. The hearing will be held in the courtroom of the honorable Brian M. Cogan, which is Courtroom 8D. This hearing date may change without further notice to you. Consult this Settlement Website here, or the Court docket in this case available through PACER (www.pacer.gov), for updated information on the hearing date and time.