#United States #Class Action #Philadelphia #Haleon #Robitussin

Overview of the Proposed Settlement

In a significant legal development, a proposed settlement has been reached in the class action lawsuit known as Calchi v. GlaxoSmithKline Consumer Healthcare Holdings (US) LLC. This case involves allegations against GlaxoSmithKline, now operating as Haleon US Holdings LLC and Haleon US Inc., for misleading marketing practices concerning their Robitussin products. Plaintiffs Nancy Galchi and Stacey Papalia claimed that the defendants wrongfully advertised these products as “Non-Drowsy” when they contain dextromethorphan (DXM), a substance known for its drowsiness-inducing effects.

Settlement Details

The settlement approved by the federal court entails both monetary and injunctive relief for affected consumers.

Monetary Relief

The total settlement amount stands at $4.5 million. This fund is designated for eligible Settlement Class Members, which includes individuals who purchased Robitussin products marketed with the “Non-Drowsy” label during the class period. The settlement amount will cover:
1. Monetary benefits to those eligible members.
2. Administrative expenses, capped at $550,000.
3. Payment of attorneys' fees, not exceeding 33% of the Gross Settlement Fund (or $1.5 million).
4. A class representative service award of $2,000 per representative.

Injunctive Relief

Apart from financial compensation, Haleon has agreed to cease marketing any of the covered products with the “Non-Drowsy” label in the future. This commitment is aimed at aligning their advertising practices with guidance from the U.S. Food and Drug Administration regarding the use of this designation, particularly for products containing DXM.

Eligibility for Payment

To be eligible for participation in this settlement, individuals must have purchased any flavor of Robitussin containing DXM that was labeled as “Non-Drowsy” within the time window from February 16, 2016, to January 21, 2025. It's important to note that purchases must have been made for personal use and not for resale. Individuals can verify their eligibility and get details by visiting the official settlement website: www.NonDrowsyRobitussinSettlement.com.

Claim Process

To claim a share of the settlement, affected individuals are required to fill out a Claim Form, which can be accessed either online or through written contact with the Settlement Administrator. This form must be completed and submitted (either electronically or postmarked) by May 12, 2025. Failure to do so means that while individuals will not receive any monetary benefit, they will still be bound by the court's judgment regarding the settlement.

Important Rights

Class members must be aware that if no action is taken, they will surrender any rights to pursue separate legal action against Haleon relating to the claims in this lawsuit. Individuals wishing to retain their right to sue must opt ​​out of the settlement before May 12, 2025. Alternatively, they can object to the settlement or request the opportunity to appear at the Fairness Hearing planned for June 30, 2025.

Court Hearing

The Final Approval Hearing is an important date as the court will evaluate the fairness of the settlement. Class counsel's requests for fees and the representatives’ award will also be reviewed during this hearing. Should there be any objections raised, these will also be considered at that time.

This case highlights the vital importance of transparency in marketing and informs consumers about their rights in similar instances. For further updates and detailed information, parties involved should consistently check the settlement website.

Conclusion

The Calchi v. GlaxoSmithKline settlement represents a significant move towards holding companies accountable for their marketing claims. While providing financial reparations to affected consumers, it also emphasizes the need for clear communication about product ingredients and effects. Consumers who believe they may be affected should act promptly to secure their claim before the approaching deadlines.