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WALNUT CREEK, California, May 19, 2020 /PRNewswire/ -- The following statement is being issued by Bursor & Fisher, P.A. regarding the Kotex Tampon Settlement.
A settlement has been proposed in a class action lawsuit alleging that Kimberly-Clark manufactured and sold defective U by Kotex® tampon products. The settlement will provide up to $7,000,000 to pay claims of customers who bought Kimberly-Clark's U by Kotex® tampon products at retail between March 8, 2013 and November 19, 2019. The Circuit Court for the 20th Judicial Circuit, County of St. Clair, State of Illinois authorized this notice. Before any money is paid, the Court will have a hearing to decide whether to approve the settlement. To receive more information about the settlement, you can get a detailed notice and other information, including details on how to object and/or exclude yourself from the settlement, by visiting www.KotexSettlement.com, calling 888-484-0034, and writing to Moore v. Kimberly-Clark Worldwide, PO Box 8612, Philadelphia, PA 19101-8612.
WHO IS INCLUDED IN THE PROPOSED SETTLEMENT?
All persons in the United States and United States Territories who purchased at retail, between March 8, 2013 and November 19, 2019 (the "Class Period"), products within Kimberly-Clark's lines of U by Kotex® tampon products. A full list of the "Subject Products" at issue in the settlement is available at www.KotexSettlement.com.
WHAT DOES THE PROPOSED SETTLEMENT PROVIDE?
The settlement provides up to a maximum fund of $7,000,000 to resolve the lawsuit. This fund will pay money to Class Members who submit valid Claim Forms on or before August 18, 2020. The settlement also permits Plaintiff's Counsel to seek an award of attorney's fees, costs, and expenses up to $3,500,000 and for Plaintiffs to receive Incentive Awards up to $10,000. Any attorney's fees, costs, and expense award and incentive fee awards will not derogate from the $7,000,000 amount made available to pay class members.
Class Members who submit valid Claim Forms on or before August 18, 2020 may be entitled to receive a $6.00 cash payment for each box of Subject Product purchased within the Class Period, up to a total of $30.00, without providing Proof of Purchase. Class Members may receive a cash award based on the retail value of the Subject Products above $30 if they submit Proof of Purchase for each box of Subject Product(s) purchased within the Class Period.
WHO REPRESENTS YOU?
The Court appointed the law firm Bursor & Fisher, P.A., Nelson & Nelson, Attorneys at Law, P.C., and Reich Radcliffe & Hoover, LLP to represent you as class counsel.
WHAT ARE YOUR OPTIONS?
If you are a Class Member, you may (1) do nothing; (2) exclude yourself; (3) send in a Claim Form; (4) object to the settlement; and/or (5) go to a hearing about the fairness of the settlement.
If you do not want to be legally bound by the settlement, you must exclude yourself by letter postmarked by July 6, 2020. You can stay in the Settlement but object to it by July 6, 2020. You will still be eligible for money from the Settlement. The detailed or "Long Form" notice, available at www.KotexSettlement.com, explains how to exclude yourself or object. You may also call 888-484-0034 for details.
The Court will hold a hearing in this case on July 20, 2020 at 10:00 a.m. in the Circuit Court for the 20th Judicial Circuit, County of St. Clair, State of Illinois at 10 Public Sq., Belleville, Illinois. At this hearing, the Court will consider whether to approve the settlement and whether to approve class counsel's application for attorneys' fees, expenses, and incentive awards.
You may appear at the hearing, but you do not have to. You do not need to retain an attorney to appear at the hearing, but you have the right to do so.
