A Settlement has been proposed in a class action lawsuit with Airborne Health, Inc. and other persons and entities (“Defendants”).
What Is the Lawsuit About?
The lawsuit claims that Defendants made misleading or false statements about Airborne products. This includes, among other things, that Airborne can cure or prevent colds. Defendants deny any wrongdoing or illegal conduct but have agreed to settle the case.
What Airborne Products Are Included?
Airborne Effervescent Health Formula; Airborne On-the-Go; Airborne Power Pixies; Airborne Nighttime; Airborne Jr.; Airborne Gummi; and Airborne Seasonal.
Am I a Member of the Class?
You are a member of the class if you purchased any flavor or formulation of any Airborne Product in the United States or any of its Territories from May 1, 2001 through November 29, 2007.
What Does the Settlement Provide?
A Settlement Fund of $23.25 million dollars will pay valid claims and attorneys’ fees/expenses awarded by the Court. The Defendants will pay separately for other costs.
If valid claims exceed $23.25 million, Defendants will add $250,000 to the Fund. If valid claims exceed the Fund, Class Member payments will be reduced proportionally. Any money left in the Fund will be donated to non-profit organization(s).
How Much Money Can I Get Back?
If you have receipt(s), you may seek reimbursement for the receipt amount less sales tax. If you do not have receipt(s), you may still seek reimbursement for up to six boxes of Airborne products, as explained in the detailed Notice.
The Settlement does not require Airborne to change its advertising. Ongoing governmental inquiries will address such changes, if any. If you stay in the Class, you will not be able to sue Airborne for these claims.
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 or comment on the Settlement. Claim Forms must be signed and postmarked (or submitted online) by September 15, 2008 by 12 Midnight PST. By remaining in the Class, you will release claims against the Defendants and their Distributors, as outlined in the detailed Notice, available 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 May 12, 2008.
* Object or comment on the Settlement and/or appear in Court, only if you remain in the Class. You may hire your own attorney for these purposes. You written request must be postmarked by May 19, 2008. Your written request to appear in Court must be postmarked by June 2, 2008.
Details on how to file a Claim, exclude yourself, object or appear in the case are available at the Web site, address or number listed below.
The Court will decide whether to approve the Settlement at the Fairness Hearing on June 16, 2008 at 10:00 a.m.
Well I can guarantee you I will not be filing a claim. I've tried the product before and it sure has seemed to work. Not that I totally thought it would but hey whats it gonna hurt.
Airborne did not hurt anybody so there for they should not be getting sued. It may or may not have done what it said but gees for allot of people it did so there is their study all the millions of people that bought it and it did work for them.
A trial and error, not everybody is the same.
Thats my take on it, this country is just to full of bogus, ridiculous lawsuits.
~Mom with a Scattered Mind~
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