Category Archives: Palmers Cocoa Butter Case

Class Action Lawsuit – Palmer’s brand Cocoa Butter for Stretch Marks

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Filed under Palmers Cocoa Butter Case

A notice program authorized by the Los Angeles County Superior Court began December 1, 2009 to alert those who purchased certain Palmer’s brand Cocoa Butter for Stretch Marks products from April 3, 2003 through September 30, 2009 about a proposed settlement with E.T. Browne Drug Company, Inc. (“Defendant”). The notice is a result of the Court certifying for settlement purposes only, on November 24, 2009, a plaintiff class in a lawsuit alleging that Defendant made misleading or false statements about certain Palmer’s Brand Coca Butter for Stretch Marks products.

The lawsuit, Mary Fallon, et al. v. E.T. Browne Drug Company, Inc., Case No. BC 411117, claims Defendant made false and misleading statements in its labeling and advertising of Defendant’s Palmer’s brand Cocoa Butter Formula Massage Lotion for Stretch Marks, Cocoa Butter Formula Massage Cream for Stretch Marks, Organics Cocoa Butter Massage Lotion for Stretch Marks, Organics Cocoa Butter Massage Cream for Stretch Marks, and Organics Cocoa Butter Tummy Butter for Stretch Marks (the “Palmer’s Products”). The settlement includes only those five Palmer’s Products.

The Settlement does not mean that Defendant did anything wrong, and the Court has not decided that Defendant did anything wrong. Indeed, Defendant has denied any wrongdoing whatsoever, and is settling the case only to avoid the expense and inconvenience of litigation.

All Class Members can submit claims online at: www.PalmersSettlement.com or via U.S. mail. Each Class Member who makes a claim will be sent a check, via U.S. Mail, in the amount of $1.25 for each bottle of the Palmer’s Products purchased during the Class Period, up to a maximum of 4 bottles. Class Members are not required to submit receipts, but are required to submit a Declaration included in the Claim Form saying that they purchased the product.

Notices informing Class members about their legal rights are appearing in U.S.A. Today, on Facebook at www.facebook.com/PalmersSettlement, and on 30 internet websites during the period December 1, 2009 through January 1, 2009 leading up to the Final Approval Hearing on February 25, 2009.

The Court has preliminarily appointed the law firm of Milstein, Adelman, & Kreger, LLP to represent the Class as Plaintiffs’ Lead Class Counsel.

In addition to submitting a claim form to ask for payment, Class members can ask to be excluded from, or object to, the settlement. Claim forms must be postmarked no later than February 4, 2009. The deadline for exclusions and objections is February 4, 2009.

A toll-free number, 1-888-643-2168, has been established in this case along with a website, www.PalmersSettlement.com, where notices, claim forms, the settlement agreement, and the Court’s preliminary approval order may be obtained. Those affected also may write to: Palmer’s Settlement Administrator, PO Box 4277, Portland, OR 97208-4277.

If you bought certain Palmer’s brand products for stretch marks, you could be entitled to money from a legal settlement…

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Filed under Palmers Cocoa Butter Case

A Settlement has been proposed in a class action lawsuit with E.T. Browne Drug Co., Inc. (“Defendant”) involving various Palmer’s Products for use on stretch marks (“Palmer’s Products”)

What Is the Lawsuit About?

The lawsuit claims that Defendant made misleading or false statements about the Palmer’s Products. Defendant denies any wrongdoing or illegal conduct but has agreed to settle the case.

What Palmer’s Products Are Included?

The Settlement includes collectively, E.T. Browne’s Palmer’s brand (1) Cocoa Butter Formula Massage Lotion for Stretch Marks, (2) Cocoa Butter Massage Cream for Stretch Marks, (3) Organics Cocoa Butter Massage Lotion for Stretch Marks, (4) Organics Cocoa Butter Massage Cream for Stretch Marks, and (5) Organics Cocoa Butter Tummy Butter for Stretch Marks.

Am I a Member of the Class?

You are a member of the class if you purchased for personal consumption, and not for re-sale, one or more of the E.T. Browne’s Palmer’s Products listed above in the United States from April 2, 2003 until September 30, 2009.

What Does the Settlement Provide?

Money is available for eligible people who purchased the Palmer’s Products for personal use between April 2, 2003 and September 30, 2009. The Settlement also prohibits Defendant from advertising the Palmer’s Product in a false or deceptive manner. The Settlement does not mean that Defendant did anything wrong, and the Court has not decided that Defendant did anything wrong.

How Much Money Can I Get Back?

Class Members who make a Valid Claim will be entitled to reimbursement of $1.25 for each bottle of the Palmer’s Products purchased, for personal consumption, and not for re-sale, during the Class Period, for a maximum of 4 bottles per class member. In order to make a claim, Class Members must provide information relating to the purchase of the Palmer’s Products, including where the purchase took place, the quantity purchased and the approximate dates of purchase.

What Are My Options?

• File a Claim. You must remain in the Class to file a claim. You will be bound by the Court’s rulings, but you can object to the Settlement. Claim Forms must be signed and postmarked, or signed and submitted through the settlement Website, www.PalmersSettlement.com by February 4, 2010. By remaining in the Class, you will release claims against the Defendants as outlined in the Detailed Notice, available as described below. Please read the Release carefully, as it affects your legal rights.

• Exclude yourself and keep your right to sue the Defendants. Your written request for exclusion must be postmarked by February 4, 2010.

• Object to the Settlement and/or appear in Court, only if you remain in the Class. You may hire your own attorney for these purposes, but you do not have to. Your written request must be postmarked by February 4, 2010. Details on how to file a Claim, exclude yourself, object or appear in the case are available at the Website, address or phone number listed below. The Court will decide whether to approve the Settlement at the Fairness Hearing on February 25, 2010 at 9:00 a.m.