Case No. 19 L 0846 (Ill. Cir. Ct. 2019)
Update: The Settlement had over 439,000 Authorized Claimants. Postcard checks representing full and final payment were printed and mailed December 21, 2020.
Please be advised that because the aggregate value of the Benefits claimed by Authorized Claimants pursuant to valid and timely Claim Forms exceeded $7,000,000, the monetary value of the awards being provided to each Authorized Claimant has been reduced on a pro rata basis, such that the aggregate value of the awards does not exceed $7,000,000. The Settlement Administrator, in consultation with the Parties as necessary, has determined each Authorized Claimant’s pro rata share based upon the valid portion of each Authorized Claimant’s Claim was $3.23 per box of Subject Product.
Please be advised that the check must be cashed or deposited within one hundred twenty (120) days of the date on the check, or by April 20, 2021, or it will expire and will not be reissued. If the check is not cashed or deposited by April 20, 2021, it will be deemed void. No further Settlement payment shall be made to you, and you will be deemed to have given up your right to any payment under the Settlement.
IF YOU BOUGHT U BY KOTEX®-BRAND TAMPONS BETWEEN MARCH 8, 2013 AND NOVEMBER 19, 2019, YOU COULD RECEIVE A CASH PAYMENT FROM A CLASS ACTION SETTLEMENT.
The Circuit Court for the 20th Judicial Circuit, County of St. Clair, State of Illinois authorized the Notice and this Website. This is not a solicitation from a lawyer.
• The Notice informs you of a proposed settlement in a class action lawsuit alleging that Defendant Kimberly-Clark Worldwide, Inc. (“Defendant”) manufactured and sold defective U by Kotex® tampon products.
• The Settlement will provide up to $7,000,000 to pay claims for those who purchased one or more boxes of U by Kotex® tampon products. Class Members can receive up to $30 in cash without Proof of Purchase. Class Members can receive a cash benefit based on the retail value of U by Kotex® tampon products above $30 with Proof of Purchase. To qualify, you must have purchased one or more of the following products from March 8, 2013 through November 19, 2019:
U by Kotex® Sleek® Tampons, U by Kotex® Fitness® Tampons, U by Kotex® Click® Tampons, and U by Kotex® Security® Tampons in Regular, Super, or Super-Plus Absorbency.
• Defendant denies any wrongdoing or unlawful conduct and asserts that the products at issue were safe to use and were manufactured consistent with the law. The Court has not decided who is right. Both sides have agreed to settle the dispute and give benefits to Class Members.
|SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT|
|SUBMIT A CLAIM FORM BY AUGUST 18, 2020||This is the only way to receive a cash benefit. See FAQs 13 and 14 for more information.|
|EXCLUDE YOURSELF BY JULY 6, 2020|
Exclude yourself by July 6, 2020 and get no benefit from the proposed Settlement. This is the only choice that allows you to participate in another lawsuit against Defendant about the claims at issue in this case for the products and claims covered by the Class Period. See FAQ 16 for more information.
|OBJECT BY JULY 6, 2020||You can write to the Court by July 6, 2020 about why you don't like the Settlement. See FAQs 21 and 22 for more information.|
|GO TO A HEARING||You can ask to speak at the Hearing. You must do so in writing by July 6, 2020. See FAQs 21 and 22 for more information.|
|DO NOTHING||Get no payment. Give up your rights to sue Defendant regarding any of the claims at issue in this case. See FAQ 15 for more information.|
The Court in charge of this case still must decide whether to approve the proposed Settlement. Payments will be made if the Court approves the Settlement and after appeals are resolved.
Please be patient. Your legal rights are affected whether you act or not. Read the Notice carefully because it explains decisions you must make and actions you must take now.
PLEASE DO NOT CONTACT THE COURT.