Overview Of the Proposed Settlement
Smith v. Wrigley, Case No. 09-60646
A proposed settlement has been reached in a class action lawsuit over whether Wm. Wrigley Jr. Company (“Wrigley”) falsely advertised the "germ kill" benefit for its Eclipse® gum and mints brand with Magnolia Bark Extract sold in the United States after June 1, 2008. Eclipse® gum and mints were sold with the “germ kill” message nationwide beginning in June 1, 2008. Wrigley stands by its advertising and denies it did anything wrong.
To receive money from this settlement, you first have to determine if you are a Class Member. Class Members are those persons who purchased Eclipse® gum or mints in packaging with a “NATURAL GERM KILLING” message in the United States after June 1, 2008 up until the date this Settlement was publicized. Excluded from the Class are Wrigley’s officers, directors and employees, those who purchased the Products for the purpose of resale.
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Settlement Benefits
If you do not make a claim, then any money that is left over will be donated to one or more charities. Class Members may seek reimbursement of up to $10 of the price of the gum and mints purchased. To receive payment, Claim Forms MUST be completed and either be submitted on this website or postmarked by January 24, 2011.
To receive reimbursement for purchases of up to $5, complete and return the Claim Form. To obtain more than $5, you MUST also sign the Claim Form.
The actual amount a Class Member receives will depend on the amount of money available from the Settlement Fund described below and the number of claims made. If the total of valid claims is less than the amount of money available to pay them, then Class Members submitting valid claims will receive the full amount of the recovery they sought, up to $10. All money that is left over will be donated to one or more charities. If the total of valid claims exceeds the amount of money available to pay them, then each award will be reduced pro rata.
What Are My Options?
- SUBMIT THE CLAIM FORM VIA MAIL OR ONLINE. This is the only way to get a cash refund.
- EXCLUDE YOURSELF. Get out of the lawsuit and the settlement. Get no cash refund. Please consult the Frequently Asked Questions or the Notice on this website for more information.
- OBJECT OR COMMENT. If there is something about the settlement that you do not like, you may file an objection with the Court. Please consult the Frequently Asked Questions or the Notice on this website for more information on how to comment on or object to the settlement. Get no cash refund.
- DO NOTHING. You will get no cash refund. However, any leftover money will be donated to one or more charities.
Settlement Hearing
The Court has scheduled a Settlement Hearing at 9:00 a.m. on November 5, 2010, in the United States District Court Southern District of Florida – Miami Division, 299 East Broward Boulevard, Room 203, Fort Lauderdale, Florida 33301 in the Hon. Judge James I. Cohn’s Courtroom. At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court may also decide how much to pay the attorneys for the Class. After the hearing, the Court will decide whether to grant final approval of the settlement. We do not know how long these decisions will take.
