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

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.