If you’ve purchased Batiste™ dry shampoo products in the United States, this article is for you. A class action lawsuit has been filed against Church & Dwight Co., Inc., alleging that their Batiste dry shampoo products contained unsafe levels of benzene. The lawsuit, captioned Evans et al. v. Church & Dwight Co., Inc., is currently pending in the United States District Court for the Northern District of Illinois.
As a result of the lawsuit, a proposed settlement has been reached between the parties involved. This settlement aims to resolve the lawsuit and provide benefits to eligible members of the settlement class. In this article, we will delve into the details of the lawsuit, the settlement, who is eligible, what benefits are available, and how to participate in the settlement.
Background of the Lawsuit
The lawsuit alleges that Batiste dry shampoo products marketed by Church & Dwight Co., Inc. contained unsafe levels of benzene. The plaintiffs, also known as the class representatives, claim that the defendant violated consumer protection laws and put consumers at risk by selling these products. Church & Dwight Co., Inc. denies these allegations and asserts that their products are safe.
While the court has not made a decision in favor of either party, the defendant has decided to settle the lawsuit to avoid the costs and distractions associated with ongoing litigation. If the settlement is approved by the court, it will provide benefits to the members of the settlement class who choose not to opt-out.
Class Action and Settlement
A class action is a legal proceeding where one or more individuals, known as class representatives or plaintiffs, sue on behalf of a larger group of people with similar claims, known as the class members. In this case, Emily Evans and Caitlin Hassett are the class representatives. The lawsuit seeks to resolve the claims of all individuals and entities in the United States who purchased Bare™ Products or Batiste™ Products for personal, family, or household use before May 30, 2023, and not for resale.
The proposed settlement aims to provide compensation to eligible class members and resolve the lawsuit. The settlement includes a cash settlement fund of $2,500,000.00, which will be used to make cash payments to settlement class members who purchased Bare™ Products. Additionally, product vouchers worth a total of $600,000.00 will be provided to settlement class members who purchased Batiste™ Products (other than Bare™ Products). The settlement also covers court-awarded attorneys’ fees, litigation costs, service awards to the class representatives, and settlement administration costs.
Who is Eligible for the Settlement?
To be eligible for the settlement, you must be a person or entity in the United States who purchased one or more of the Bare™ Products or Batiste™ Products for personal, family, or household use before May 30, 2023, and not for resale. However, certain individuals and entities are excluded from the settlement class. The following are excluded from the settlement class:
- Employees, directors, officers, and agents of Church & Dwight Co., Inc., its subsidiaries, and affiliated companies.
- Persons or entities who purchased the Bare™ Products or Batiste™ Products primarily for the purposes of resale to consumers or other resellers.
- Governmental entities.
- Persons or entities who timely and properly opt-out of the settlement.
- The court, the court’s immediate family, and court staff.
If you are unsure whether you are included in the settlement class, you can seek assistance by contacting the settlement administrator via email at info@CD-Settlement.com or by sending mail to Church & Dwight Settlement, c/o Settlement Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103.
What the Settlement Provides
The settlement provides various benefits to eligible class members who do not opt-out. Under the settlement, Church & Dwight Co., Inc. has agreed to pay $2,500,000.00 into a cash settlement fund. This fund will be used to make cash payments to settlement class members who purchased Bare™ Products and to cover attorneys’ fees, litigation costs, service awards, and settlement administration costs.
Settlement class members who purchased Bare™ Products and can provide proof of purchase will be entitled to a cash payment for the full purchase price of each product identified on the claim form. For settlement class members who purchased Bare™ Products but do not have proof of purchase, a payment of $2.00 per product, up to a maximum of five products, will be provided.
Additionally, settlement class members who purchased Batiste™ Products (other than Bare™ Products) will receive product vouchers worth $2.00 per product, up to a maximum of five products claimed. The actual amount of cash payments and product vouchers may be subject to pro-rata adjustments based on the total amount of valid claims and the available settlement funds.
How to Submit a Claim
To participate in the settlement and receive a cash payment or a product voucher, eligible class members must submit a claim. Claim forms can be submitted online or by mail. To submit a claim online, visit the Submit A Claim page. Alternatively, you can print the claim form from the Important Documents page and mail it to the settlement administrator at Church & Dwight Settlement, c/o Settlement Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103.
The completed and signed claim form must be postmarked by November 15, 2023, if submitted by mail. If submitting the claim form online, it must be done by November 15, 2023.
Final Approval Hearing
A final approval hearing is scheduled for October 16, 2023, at 10:00 a.m. CT, at the United States District Court for the Northern District of Illinois. The purpose of the hearing is for the court to decide whether to approve the settlement, determine the amount of attorneys’ fees and costs to award to class counsel, and consider a service award for each class representative.
If the court approves the settlement, there may be appeals. The distribution of cash payments and product vouchers will occur as soon as possible after final approval and the resolution of any appeals.
Releases and Opting Out
By participating in the settlement and not opting out, you release any legal claims against Church & Dwight Co., Inc. related to the allegations in the lawsuit. The settlement agreement provides detailed information about the releases and the claims being resolved. It is important to review the settlement agreement, which can be found on the Important Documents page.
If you wish to exclude yourself from the settlement and maintain your right to pursue your own legal claims against the defendant, you must timely and properly opt-out. Instructions on how to opt-out can be found in the settlement agreement.
Frequently Asked Questions
- What is the lawsuit about? The lawsuit alleges that Batiste dry shampoo products marketed by Church & Dwight Co., Inc. contained unsafe levels of benzene.
- Who can participate in the settlement? The settlement class consists of individuals and entities in the United States who purchased Bare™ Products or Batiste™ Products for personal, family, or household use before May 30, 2023, and not for resale.
- What benefits are available under the settlement? Cash payments and product vouchers are available to eligible class members who do not opt-out. The amount of the cash payment or product voucher depends on the number of products purchased and whether proof of purchase is provided.
- Do I need proof of purchase? Proof of purchase is required to receive the full purchase price for Bare™ Products. However, settlement class members without proof of purchase can still claim $2.00 per product for up to five products.
- How do I submit a claim? Claims can be submitted online or by mail. Online submissions can be made on the Submit A Claim page, while printable claim forms can be found on the Important Documents page.
- When is the deadline for submitting a claim? Claims submitted by mail must be postmarked by November 15, 2023. Online submissions should be completed by the same date.
- When will I receive my cash payment or product voucher? Cash payments and product vouchers will be distributed after the court grants final approval to the settlement and any appeals are resolved.
Additional Information
For more information about the Batiste dry shampoo class action settlement, you can contact the settlement administrator via email at info@CD-Settlement.com, by phone at 1-888-484-2885, or by mail at Church & Dwight Settlement, c/o Settlement Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103. Publicly filed documents related to the lawsuit can also be obtained by visiting the office of the Clerk of the United States District Court for the Northern District of Illinois or reviewing the court’s online docket.
Disclaimer: This article provides an overview of the Batiste dry shampoo class action settlement and does not constitute legal advice. For specific legal guidance, please consult with an attorney familiar with the details of your situation.
