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

Frequently Asked Questions

  1. BASIC INFORMATION

  2. Why did the Court issue the Notice?

    The Notice is given to inform potential Class Members that (1) a class action lawsuit is pending in the United States District Court for the Southern District of Florida entitled Williams, et al. v. Reckitt Benckiser LLC, et al., 1:20-cv-23564-MGC (S.D. Fla.) (the “Action”); (2) that certain people may be Settlement Class Members; (3) the parties have proposed to settle the Action; (4) the Proposed Settlement may affect your legal rights; and (5) you have a number of options.

  3. What is the lawsuit about?

    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).

  4. How do I know if I am part of the Settlement Class?

    The Court has conditionally certified a Settlement Class defined as the following:

    All persons 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 Class Settlement by the Court.

    Excluded from the Settlement Class shall be the Honorable Erica P. Grosjean, the Honorable Marcia G. Cooke, the Honorable Jonathan Goodman, the Honorable Ronnie Abrams, counsel to the Parties, Jill Sperber, and their employees, legal representatives, heirs, successors, assigns, or any members of their immediate family; any government entity; Reckitt, any entity in which Reckitt has a controlling interest, any of Reckitt’s subsidiaries, parents, affiliates, and officers, directors, employees, legal representatives, heirs, successors, or assigns, or any members of their immediate family; and any persons who timely opt-out of the Settlement Class.

  5. Why is this a class action?

    In a class action, people called “class representatives” sue on behalf of other people who have similar claims. All of these people together are the “Class” or “Class Members” if the Court approves this procedure. Then, that Court resolves the issues for all Class Members, except for those who exclude themselves from (opt-out of) the Class.

  6. Why is there a Settlement?

    The Court did not decide in favor of the Plaintiffs or Defendants. Instead, both sides agreed to a settlement that they believe is a fair, reasonable, and adequate compromise of their respective positions. The parties reached this agreement only after extensive negotiations, an exchange of information, and consideration of the risks and benefits of settlement.

    Counsel for Plaintiffs and the Settlement Class Members have considered the substantial benefits from the Proposed Settlement that will be given to the Settlement Class Members and balanced these benefits with the risk that a trial could end in a verdict for Defendants. They also considered the value of the immediate benefit to Settlement Class Members versus the costs and delay of litigation through trial and appeals and the risk that a class would not be certified. Even if Plaintiffs were successful in these efforts, Settlement Class Members may not receive any benefits for years.

    The essential terms of the Settlement are summarized in the Notice. The Settlement Agreement along with all exhibits and addenda sets forth in greater detail the rights and obligations of the parties. If there is any conflict between the Notice and the Settlement Agreement, the Settlement Agreement governs.

  7. WHO IS IN THE SETTLEMENT?

    To see if you are affected or if you can get money or benefits, you first have to determine whether you are a member of the Class.

  8. How do I know if I am part of the Settlement?

    You are part of the Settlement if between January 1, 2019 and up to and including April 23, 2021 (the “Class Period”), you 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.

  9. I’m still not sure if I’m included in the Settlement.

    If you are not sure whether you are included in the Class, you may email the Settlement Administrator at info@RBSettlement.com; send a letter to:

    RB Settlement Administrator
    1650 Arch St., Ste. 2210
    Philadelphia PA 19103

    or call (855) 591-1355.

  10. THE SETTLEMENT BENEFITS—WHAT YOU GET AND HOW TO GET IT

  11. What does the Settlement provide?

    BENEFITS. If the Proposed Settlement is ultimately approved by the Court, it will provide cash payments and other relief to the Settlement Class. In return for the relief described below, the Settlement Class Members release their rights to pursue any claims against Defendants and related entities concerning or relating to the allegations raised in this Action. The central provisions of the Settlement are as follows:

    a. Injunctive Relief
    Reckitt shall change all Neuriva Product label and marketing references as follows:

    1. Any references to “Clinically Proven” on the Neuriva Product labels shall be changed to “Clinically Tested” or similar language, such as clinical studies have “shown;”
    2. Any references to “Clinically Proven” in ancillary marketing (including websites, advertising, and social media) shall be changed to “Clinically Tested” or similar language, such as clinical studies have “shown;”
    3. Any references to “Science Proved” on the Product labels or in ancillary marketing (including websites, advertising, and social media) shall be changed to “Science Tested” or similar language, such as scientific studies have “shown.”
    4. Such injunctive relief will last for no longer than two (2) years.

    b. Monetary Relief
    Reckitt shall pay or cause to be paid certain monetary relief to each Class Member who submits a Valid Claim for purchase(s) of Neuriva Product based upon the following two-tier, capped claims-made settlement structure:

    1. Class Members who provide Proof(s) of Purchase may be entitled to recover thirty-two dollars and fifty cents ($32.50) per Valid Claim and may make up to two (2) Claims for a maximum of sixty-five dollars ($65.00). Notwithstanding the preceding, in no circumstance shall Reckitt pay an amount that exceeds the actual purchase amount reflected in a Settlement Class Member’s Proof of Purchase.
    2. Class Members who do not provide Proof of Purchase may be entitled to recover five dollars ($5.00) per Claim and may make up to four (4) Claims for a maximum of twenty dollars ($20.00).
    3. Valid Claims shall be paid by Reckitt pursuant to a total maximum, or cap, of eight million dollars ($8,000,000.00).
    4. Valid Claims shall be limited to one Settlement Class Member per Household.

    NOTICE AND ADMINISTRATION. In addition to the above relief, Defendants will also pay for the costs of Notice and to administer the Settlement.

    CLAIM PROCEDURE. To receive a cash payment, Settlement Class Members must complete, sign, and submit a Claim Form ON OR BEFORE 45 Days After Final Approval. The Claim Form deadline is currently estimated to be January 3, 2022. The Claim Form may be filed online by Clicking Here, via email, or by U.S. mail. For some claims, proof of purchase is required. Please review the Claim Form for more information.

    You may file your Claim online or obtain a Claim Form by downloading it here or by calling (855) 591-1355.

    You can also obtain a Claim Form by letter request, enclosing a self-addressed, stamped envelope to RB Settlement Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103.

    RELEASE. Unless you exclude yourself from the Settlement Class, approval of this Proposed Settlement will result in a release by you of all claims against Defendants and other related entities and individuals concerning or relating to the allegations or claims raised in this Action.

  12. What am I giving up in exchange for the Settlement benefits?

    Class Members who did not exclude themselves from the Class release Defendants from liability and will not be able to sue them about the issues in the lawsuit. The Settlement Agreement describes the released claims in necessary legal terminology, so read it carefully. The Settlement Agreement is available by clicking here. You can talk to one of the lawyers listed in FAQ 15 for free or you can, of course, talk to your own lawyer at your own expense if you have questions about the released claims or what they mean.

  13. EXCLUDING YOURSELF FROM THE SETTLEMENT

    If you wanted to keep the right to sue or continue to sue Defendants over the legal issues in the lawsuit, then you must have taken steps to remove yourself from this Settlement. This is called asking to be excluded from the Class, also referred to as “opting-out” of the Class.

  14. If I excluded myself, can I get anything from this Settlement?

    If you excluded yourself, you cannot receive the Settlement Benefits described in FAQ 8. But, if you timely and properly requested exclusion, the Settlement will not prevent you from suing, continuing to sue or remaining in a different lawsuit to which you are a party, or becoming part of a different lawsuit against Defendants in the future about the issues in the lawsuit. If you excluded yourself, you are not bound by anything that happens in this lawsuit.

  15. If I don’t exclude myself, can I sue later?

    If you come within the Settlement Class definition, you will be a Settlement Class Member and will be bound by the settlement if the Court approves it unless you exclude yourself from the Settlement Class (also known as “opting out”). Being “bound by the settlement” means that you will be precluded from bringing, or participating as a claimant in, a similar lawsuit. Persons who exclude themselves from the Settlement Class will not be bound by the terms of the Proposed Settlement for purposes of damages claims and will not be eligible to receive any money from the Proposed Settlement, but they will retain the right to sue Defendants for damages, at their own cost.

  16. How do I get out of the Settlement?

    You may exclude yourself from the Settlement Class (for purposes of damages claims only) provided that your request is made in writing and delivered before July 27, 2021. To exclude yourself, you can download an exclusion form available on the Important Documents page or send a letter that includes (a) the name of the case, (b) your name, current address, telephone number, and signature, and (c) a clear statement communicating that you elect to be excluded from the settlement. Your written request to exclude yourself from the settlement must be sent to the

    RB Settlement Administrator
    Attn: Opt Out Request
    1650 Arch St., Ste 2210
    Philadelphia, PA 19103

    You will be excluded from the settlement only if your request is delivered (not just postmarked) on or before July 27, 2021, and includes the required information. Settlement Class Members who fail to submit a valid and timely request for exclusion on or before the date specified, shall be bound by all terms of the Proposed Settlement and the Final Order and Judgment, regardless of whether they have requested exclusion from the Proposed Settlement.

    In determining whether you want to exclude yourself from the settlement, you are advised to consult your own personal attorney, as there may be issues particular to your circumstances that require consideration.

  17. THE LAWYERS REPRESENTING YOU

  18. Do I have a lawyer in the case?

    Yes. The Court has appointed the following counsel as Class Counsel: (1) Whitfield Bryson LLP; (2) Greg Coleman Law PC; (3) Levin, Papantonio, Thomas, Mitchell, Rafferty & Proctor, PA; (4) Barbat, Mansour, & Suciu PLLC, (5) Bursor & Fisher PA; and (6) Shub Law Firm LLC. You also have a right to obtain your own attorney. But, if you hire your own attorney, you will have to pay that attorney. You can ask your attorney to appear at the Fairness Hearing for you if you want someone other than Class Counsel to represent you.

  19. How will the lawyers be paid?

    The Parties negotiated the payment of attorneys’ fees and costs, over and above the class relief, only after reaching agreement upon all other terms of this Settlement Agreement. Moreover, the Settlement Agreement is not contingent upon the award of any particular amount of attorneys’ fees and costs. Like all class action settlements, the amount of attorneys’ fees and costs awarded to class counsel is left to the discretion of the Court presiding over the Action. The Parties have agreed, however, that separate and apart from the monetary relief Defendants will provide to the Settlement Class, and subject to Court approval, Defendants will not object to a collective award of attorneys’ fees and costs up to $2,900,000 for Class Counsel as defined in the Settlement Agreement. Further, Defendants have agreed to not oppose a request for Class Representative awards in the amount of $2,000.00 each to David Williams, Caroll Anglade, Thomas Matthews, Maritza Angeles, and Howard Clark, as further described in the Settlement Agreement.

    Class Counsel will file any motion for an award of Class Counsel’s Fees on or before July 16, 2021.

  20. OBJECTING TO THE SETTLEMENT

    You have the option of telling the Court you don’t agree with the Settlement or some part of it.

  21. How can I tell the Court that I don’t like the Settlement?

    If you are a Settlement Class Member, you can object to the Proposed Settlement. To object, you must provide the following information in writing: (i) the case name and number Williams, et al. v. Reckitt Benckiser, LLC, Case No. 1:20-cv-23564-MGC; (ii) your full name, current address, and current telephone number; (iii) the name, address, and telephone number of your attorney (if any); (iv) documentation or attestation sufficient to establish membership in the Class; (v) a statement of the position(s) you wish to assert, including the factual and legal grounds for the position(s); (vi) provide copies of any other documents that you wish to submit in support of your position; (vii) whether you are requesting an opportunity to appear and be heard at the Final Approval Hearing; (viii) a detailed list of any other objections submit by your (or your attorney) to any other class actions in the past 5 years, or a statement that no prior objections have been made; and (ix) your objection must be signed by you and your attorney (if any).

    Your objection must be delivered (not just postmarked) before July 27, 2021 to:

    RB Settlement Administrator
    Attn: Objection
    1650 Arch Street, Suite 2210
    Philadelphia, PA 19103.

    If your objections do not meet all of the requirements set forth in this section, they will be deemed invalid and will be overruled.

    Finally, subject to approval of the Court, any objecting Settlement Class Member may appear, in person or by counsel, at the Final Approval Hearing held by the Court, to show cause why the Proposed Settlement should not be approved as fair, adequate, and reasonable, or object to any petitions for attorneys’ fees, Class Representative Awards, and reimbursement of reasonable litigation costs and expenses. The objecting Settlement Class Member must file with the Clerk of the Court and serve upon Class Counsel and Defendants’ Counsel (at the addresses listed below), a notice of intention to appear at the Final Approval Hearing (“Notice of Intention to Appear”) on or before July 27, 2021.

    Court Class Counsel Defendant’s Counsel
    James Lawrence King
    Federal Justice Building
    99 N.E. Fourth Street
    Room 1168
    Miami, Florida 33132     		Daniel K. Bryson, Esq.
    Whitfield Bryson LLP
    900 W. Morgan St.
    Raleigh NC 27603     		David T. Biderman, Esq.
    Perkins Coie LLP
    1888 Century Park East Suite 1700
    Los Angeles, CA 90067

    The Notice of Intention to Appear must include copies of any papers, exhibits, or other evidence that the objecting Settlement Class Member (or his/her/its counsel) will present to the Court in connection with the Final Approval Hearing. Any Settlement Class Member who does not provide a Notice of Intention to Appear in complete accordance with the deadlines and other specifications set forth in the Class Notice, will not be allowed to speak or otherwise present any views at the Final Approval Hearing.

  22. What’s the difference between objecting and excluding?

    Excluding yourself is telling the Court that you don’t want to be part of the Class. If you excluded yourself, you have no basis to object because the Settlement no longer affects you. You are not allowed to object. Objecting is telling the Court that you don’t like something about the Settlement. You are allowed to object.

    If you are a Class Member and you do nothing and the Settlement is finally approved by the Court, you remain a Class Member and all of the Court’s orders apply to you. You will only receive monetary benefit from the Settlement if you filed a valid claim, and you will not be able to sue Defendants over the issues covered by the lawsuit.

  23. THE COURT’S FAIRNESS HEARING

    The Court will hold a hearing on August 17, 2021 to decide whether to grant final approval to the Settlement and consider all of the filed objections. If the Court accepts the Settlement it will issue a Final Order approving the Settlement Agreement.

  24. When and where will the Court decide whether to grant final approval of the Settlement?

    The Court has scheduled a Final Approval Hearing for August 17, 2021 at 10:30 a.m. via ZOOM. This hearing may be continued or rescheduled by the Court without further notice. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and will consider Class Counsel’s request for attorneys’ fees and expenses. The Court also will consider objections. The Court may decide these issues at the Final Approval Hearing or take them under consideration. We do not know how long these decisions will take.

    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.

  25. Do I have to come to the hearing?

    No. You are not required to come to the hearing, but you are welcome to come at your own expense. The hearing may be in person or via video conference, subject to the Court’s order.

    Settlement Class Members who object to the Proposed Settlement do not need to attend the Final Approval Hearing for their objections to be considered. If you wish to appear either personally or through your own personal attorney at the Final Approval Hearing, you must send both a timely objection and a Notice of Intention to Appear to the Clerk of the Court and serve copies on Class Counsel and counsel for Defendants at the addresses set forth in FAQ 15 above, no later than July 27, 2021.

  26. May I speak at the hearing?

    Provided you filed a Notice of Intention to Appear by the July 27, 2021 deadline, you or your attorney may be granted permission from the Court to speak at the Fairness Hearing.

  27. GETTING MORE INFORMATION

  28. How do I get more information?

    The Notice summarizes the Settlement. More details are in the Settlement Agreement, including its exhibits and addenda. You can get a copy of the Settlement Agreement, Long Form Notice and Claim Form, on the Important Documents page of this website by clicking here. You can also email the Settlement Administrator at info@RBSettlement.com, call the toll-free number, (855) 591-1355, or write the Administrator at:

    RB Settlement Administrator
    1650 Arch St., Ste 2210
    Philadelphia, PA 19103

    You can also look at the documents filed in the lawsuit at the Court at the address provided above in FAQ 17.