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Overview Of The Proposed Settlement
Steven Brody, et al. vs. Merck & Co., Inc., et al., Case No. 12-cv-4774-PGS-DEA
A settlement has been proposed in a class action lawsuit regarding Eligible Coppertone Sunscreen Products, as described in more detail on this website. If you have purchased an Eligible Coppertone Sunscreen Product up to and including October 5, 2012, you may be a Settlement Class Member and the proposed settlement of the class action lawsuit may affect your rights.
Eligible Coppertone Sunscreen Products include any and all sunscreen products sold in the United States under the brand name “Coppertone,” which were represented to provide protection against the sun’s UVA and/or UVB rays.
You may submit a Claim and may be eligible to receive a payment from the Settlement Fund if you are a natural person and you purchased any Eligible Coppertone Sunscreen Products between July 31, 2006 and October 5, 2012 with limited exclusions. You may submit a claim for an unlimited number of Eligible Coppertone Sunscreen Products that you purchased. No proof of purchase is necessary for a claim of up to 6 products. For claims of 7 to 9 products, you may need to submit proof(s) of purchase. For claims of 10 or more products, you must submit proof(s) of purchase. For additional details regarding proofs of purchase, click here.
What Is The Lawsuit About?
Plaintiffs allege that Merck violated state laws regarding the labeling and advertising of certain sunscreen products. Merck denies all wrongdoing. The Court did not decide which side was right, and instead, the parties decided to settle. They believe the proposed Settlement is fair, reasonable, and adequate and will provide substantial benefit to the Settlement Class.
What Does This Settlement Provide?
The Settlement provides a fund of between $3 and $10 million to pay claims to eligible Settlement Class Members who purchased Eligible Coppertone Sunscreen Products; claim administration costs; named plaintiffs' incentive awards; and at least $1 million divided among three legal services organizations. Merck shall separately pay attorneys' fees and expenses and notice costs. Merck has also agreed to make certain label and advertising changes.
What Are My Options?
- DO NOTHING: You get no payment. You give up your rights.
- SUBMIT A CLAIM FORM: This is the only way to get a payment. A Claim Form must have been completed and electronically submitted or postmarked by March 4, 2013.
- EXCLUDE YOURSELF: If you wanted to exclude yourself (or opt out) from the Settlement Class, you must have submitted a letter requesting exclusion postmarked no later than January 31, 2013. If you properly opted out, you will not be bound by the Settlement, but you will not be eligible to participate in the potential benefits.
- OBJECT TO THE SETTLEMENT: If you are a Settlement Class member, you could have objected to any part of the Settlement by sending a letter explaining the reasons you didn’t like the Settlement and stating whether you intended to appear at the Final Approval Hearing. To be timely, your objection must have been filed with the Court and mailed to Class Counsel and Defendant’s Counsel and received on or before January 31, 2013.
- GO TO A HEARING: You could have asked to speak to the Court about the “fairness” of the Settlement, after you had submitted your objection. A Notice of Intention to Appear must have been in writing, filed, and received on or before January 31, 2013 in addition to submitting a timely objection.
Please consult the Notice for more details on your options.
Final Fairness Hearing
On February 20, 2013, at 10:00 a.m. Eastern Standard Time, the Court held a 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. After hearing Counsel for both parties the Court relisted the Final Fairness Hearing to March 12, 2013 at 10:00 a.m..
At the hearing, the Court will consider whether to grant final certification to the Settlement Class for settlement purposes, whether to approve the proposed settlement as fair, reasonable and adequate, whether to award attorneys’ fees and costs, whether to award the Named Plaintiffs an award for their help, whether to issue permanent injunctions, and consider related settlement issues.
Please be advised, the above provides only a general summary of the terms of the Settlement. Additional Settlement details are provided on the Long Form Notice. You can view or download the Long Form Notice as well as additional information regarding the Settlement on this website. You can also request additional information by writing to the Settlement Administrator at Sunscreen Settlement c/o GCG, PO Box 35018, Seattle, WA 98124-1018.
