Allen et al. v. Similasan Corp.

Case No. 12-cv-00376-BAS-JLB

United States District Court, Southern District of California

If you purchased certain Similasan Homeopathic Products for household or personal use, between February 10, 2008 and April 12, 2017, in the United States, you may be entitled to a cash payment from this class action settlement.

Please read this website carefully, your legal rights may be affected.

Update: April 2018
Payments to class members requesting electronic payment (Paypal or Amazon) have been sent.
Payments to all other class members will be sent via mailed check by the end of April.

This Notice concerns a settlement to resolve a class action lawsuit over whether Similasan Corporation made false and misleading representations, and breached express and implied warranties regarding some of its products. Similasan denies these allegations and continues to stand by its products and advertising. Before a trial could resolve Plaintiffs’ allegations, Plaintiffs and Similasan reached a settlement.

Detailed information about the Settlement Agreement is available in the frequently asked questions and court documents section of this website. You can also find a copy of the Class Notice authorized by the Court.

FILE A CLAIM FORM If you wish to be included in this settlement and receive a settlement payment, you must complete an Online Claim Form, or mail a completed Paper Claim Form to the address specified, within 30 days of the Court entering a judgment granting final approval (September 17th, 2017). Instructions on how to submit a valid and timely Claim Form are included in this website.
If you do NOT wish to participate in this settlement and do NOT wish to receive a cash settlement payment, you must request exclusion from the settlement by mailing a written letter to the Claims Administrator, Classaura LLC, which must be postmarked on or before July 8, 2017. You must sign the letter, and include your name, current address, the case name and case number (Allen v. Similasan Corp., No. 3:12-cv-00376), and state clearly that you wish to be excluded from the settlement.
OBJECT If you wish to object to the settlement, the last day to file your written objection with the Court is July 8, 2017. Service of written objections on the Court, Class Counsel, and the Claims Administrator and must be postmarked on or before July 8, 2017. Instructions on how to object to the settlement are included in this Notice.
DO NOTHING If you do nothing, you will NOT receive any settlement payment and will give up your right to sue Similasan Corporation for the claims resolved by this settlement, as described in this Notice.

These rights and options, and the deadlines to exercise them are explained in this website. The Court in charge of this case still has to decide whether to approve the settlement. Settlement payments will be made if the Court approves the settlement and after any appeals are resolved.

What is this case about?

A proposed settlement has been reached in a class action lawsuit. The lawsuit claims Similasan Corporation’s labels and marketing for its homeopathic products was false and deceptive. Similasan denies it violated the law or did anything wrong. The Court has not decided which side was right. Instead, the parties have decided to settle the case.

Am I a class member?

You are a class member and may be eligible to receive a settlement benefit if you purchased any of the following Similasan’s Homeopathic Products for household or personal use during the Class Period (February 10, 2008 to April 12, 2017):

Adult Cough Relief, Adult Mucus Relief, Aging Eye Relief, Allergy Eye Relief, Anxiety Relief, Arnica Active, Baby Gas & Colic Relief Tablets, Baby Teething + Tooth Support Tablets, Burn Recovery, Computer Eye Relief, Dry Eye Relief, Ear Relief, Ear Wax Relief, Ear Wax Removal Kit, Eye Drops #1, Eye Drops #2, Eye Drops #3, Hay fever Relief, Hay fever Drops #1, Irritated Eye Relief, Itch Relief, Junior Cold & Mucus Relief, Junior Cough & Fever Relief, Junior Immune Support, Kids Allergy Eye Relief, Kids Cold & Mucus Relief, Kids Cold & Mucus Relief + Echinacea, Kids Cough & Cold Relief + Echinacea – Night, Kids Cough & Fever Relief, Kids Ear Relief, Kids Irritated Eye Relief, Nasal Allergy Relief, Redness & Itchy Eye Relief, Sinus Relief, Sleeplessness Relief, Sore Throat Spray, Stress & Tension Relief, Stye Eye Relief, Throat Drops #1, Throat Relief, Tired Eye Relief

You should read the entire website carefully because your legal rights are affected whether you act or not.

What does the settlement provide?

A settlement fund of $700,000 is being set up to pay claims to eligible class members, attorneys’ fees and costs, incentive award to the named plaintiffs and the notice and claims administration costs. Each Class Member may file a claim, although the exact amount of your settlement payment depends on whether you have proof of purchase and the number of valid claims filed. The complete Settlement Agreement is available in the court documents section of this website.

How much will my payment be?

All Participating Class Members are entitled to receive settlement payments, estimated to be in the range of up to $10 to $30. The amount of any individual settlement payment will be based on the number of valid claims received.

Update May 2017: Based on current claim numbers, we expect payments to class members without proof of purchase to be up to $5 – $10.

What happens now?

The Court will hold a hearing in this case on August 7, 2017, at 10:30 a.m., the United States District Court for the Southern District of California, located at Courtroom 4B (4th floor – Schwartz) of the Courthouse located at 221 West Broadway, San Diego, CA 92101. At this hearing, the Court will determine whether to grant final approval of the settlement. If there are objections, the Court will consider them. The Court will listen to only those Class Members who have made timely written requests to speak at the hearing. You may appear at the hearing in person or through your attorney at your own cost, but you are not required to do so. This hearing may be rescheduled by the Court without further notice to you.