Williams, et al. v. Reckitt Benckiser LLC, et al.

Docket No.: 1:20-cv-23564

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION

If you are a person(s) who purchased for personal consumption and not for resale, one or more of the Neuriva® Products, from Reckitt or an authorized reseller, in the United States, between the dates of January 1, 2019 and April 23, 2021, the date of Preliminary Approval of the Settlement by the Court, then you may be entitled to a Settlement Benefit

Important Dates

July 27, 2021 — Deadline to submit an Objection.

July 27, 2021 — Deadline to submit a request for Exclusion.

August 17, 2021 at 10:30 am — Fairness Hearing.

May 2, 2022 — Deadline to submit a Claim Form.

Plaintiffs have brought this Action against Reckitt Benckiser LLC and RB Health (US) LLC (“Reckitt” or “Defendants”), on behalf of themselves and all other persons who, from January 1, 2019 up to and including April 23, 2021 (the “Class Period”), purchased in the United States for consumption and not resale bottles of Neuriva® Products, including all variations and sizes of Neuriva Original, Neuriva Plus, and Neuriva De-Stress.

Plaintiffs alleged that Defendants advertised that Neuriva® Products are clinically and scientifically “proven” and such representations are false and misleading. Plaintiffs maintain that Defendants actions constitute violations of various states’ consumer protection laws, as well as other laws.

Reckitt denies Plaintiffs’ claims and charges, denies that it has violated any laws, and maintains that the labeling, packaging, and marketing of Neuriva® Products have always been truthful and not deceptive.

In addition to this Action, this settlement also resolves all Neuriva Actions (as defined in the Settlement Agreement) that have been or could have been filed on the same basis as the Action, including Matthews v. Reckitt Benckiser LLC, et al., Case No. 1:20-cv-00854 (E.D. Cal.); Angeles v. Reckitt Benckiser LLC, et al., Case No. 1:20-cv-07138 (S.D.N.Y); and Clark v. Reckitt Benckiser LLC, et al. (unfiled).

To receive a Settlement Benefit, you must file a valid and timely claim. A Claim Form may be filed online by clicking here and is also available for download on the Important Documents page of this website. Claim Forms must be submitted or postmarked within 45 days of the Court issuing the Final Approval Order. This date is currently estimated to be January 3, 2022. If you don’t want to be legally bound by the Settlement, you must exclude yourself by July 27, 2021, or you won’t be able to sue Defendants about the legal claims in the action ever again. If you exclude yourself, you cannot receive a Settlement Benefit from this Settlement. If you stay in the Settlement, you may object to it by July 27, 2021. The detailed notice, available by clicking here, explains how to request exclusion or how to object. The Court will hold a hearing on August 17, 2021 to consider whether to approve the Settlement, subject to the additional conditions explained in the Notice.

Your legal rights are affected whether you act or don’t act. Read the Notice carefully.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

SUBMIT A CLAIM FORM

If you want to receive a Settlement Benefit, you must submit a Claim Form.

Click Here to submit a Claim Form online.

Click Here to download a Claim Form to submit it by email or mail.

Deadline:
May 2, 2022

EXCLUDE YOURSELF

If you exclude yourself from the Settlement, you will not be part of the Settlement nor will you receive a Settlement Benefit. Excluding yourself is the only option that allows you to bring or maintain your own lawsuit against Defendants regarding the allegations in the Action ever again.

Click Here for more information on excluding yourself.

Deadline:
July 27, 2021

OBJECT

You may write to the Court about why you object to (i.e., don’t like) the Settlement and think it shouldn’t be approved. Submitting an objection does not exclude you from the Settlement.

Click Here for more information on objecting to the Settlement.

Deadline:
July 27, 2021

GO TO THE “FAIRNESS HEARING”

The Court will hold a “Final Approval Hearing” to consider the Settlement, the request for attorneys’ fees and costs of the lawyers who brought the Action, and the Named Plaintiffs’ request for service awards for bringing the Action.

You may, but are not required to, speak at the Final Approval Hearing. If you intend to speak at the Final Approval Hearing, you must also submit a “Notice of Intention to Appear” indicating your intent to do so.

Final Fairness Hearing for 8/17/2021 at 10:30 AM in the Miami Division before Magistrate Judge Jonathan Goodman has been scheduled to take place via ZOOM.

All parties who wish to attend will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows:

Join ZoomGov Meeting https://www.zoomgov.com/j/1613756943?pwd=UFlWSElLQmVOK0hzb05QZE1mdWFDdz09. Meeting ID: 161 375 6943.

Passcode: 819324.

Click Here for more information on speaking at the Hearing.

Hearing Date and Time:
August 17, 2021 at 10:30 am

DO NOTHING

If you do nothing, you will remain part of the Settlement but will not receive a Settlement Benefit.

You will also give up your right to object to the Settlement and you will be not be able to be part of any other lawsuit about the legal claims in this case.

N/A

These rights and options—and the deadlines to exercise them—are explained in more detail in the Notice.

The Court in charge of this Action has preliminarily approved the Settlement and must decide whether to give final approval to the Settlement. The relief provided to Class Members will be provided only if the Court gives final approval to the Settlement and, if there are any appeals, after the appeals are resolved in favor of the Settlement. Please be patient.