Airborne® Settlement

How do I get information about submitting a claim or to ask questions about the lawsuit?
What Airborne products are included?
How do I know if I am covered by the Settlement?
What are my options if I am a Class Member?
What can I get from the Settlement?
How much of a refund can I claim?
How do I file a claim?
What is the deadline for filing a claim?
When will I get my check?
How do I exclude myself from the Settlement?
If I don’t exclude myself, can I sue the Defendants for the same claims asserted in this Action later?
If I exclude myself, can I get benefits from this Settlement?
What do I do if I want to tell the Court what I think of the Settlement?
Will there be a hearing?
Do I have to come to the hearing?
May I speak at the hearing?
Are there more details about the Settlement?
What will happen if the total amount of the valid claims that are submitted exceeds the amount of the settlement fund?
I didn't buy Airborne--what's to stop me from filing for a refund?

1. How do I get information about submitting a claim or ask questions about the lawsuit?

First, review these FAQ’s.

If you need more information, read the complete Settlement Agreement (click here to download it).

You may also call 1-888-952-9080 (toll free), or write to Airborne Class Action Settlement Administrator, P.O. Box 1897, Faribault, MN 55021-7152.

DO NOT CONTACT THE COURT.

2. What Airborne products are included?

Airborne Effervescent Health Formula (all flavors), Airborne On-the-Go, Airborne Power Pixies, Airborne Nighttime, Airborne Jr., Airborne Gummi, and Airborne Seasonal (sold briefly as Airborne Seasonal Relief) (“Airborne Products”).

3. How do I know if I am covered by the Settlement?

You are a class member if you purchased one or more of the Airborne Products in the United States or any of its territories from May 1, 2001 to November 29, 2007.

You are NOT a class member, and may not participate in the Settlement, if you fall into one or more of the following categories:

You are a Defendant or work for a Defendant.
You settled with and validly released Defendants from separate, non-class legal actions against Defendants based on the conduct alleged in the Second Amended Complaint filed in the Action.
You purchased the Airborne Products for resale.
You have properly excluded yourself from the Class. To learn how to exclude yourself from the Class, Click Here.
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4. What are my options if I am a Class Member?

File a claim.
If you are a Class Member, you may file a claim for a refund. Click Here for details on how to file a claim.
Exclude yourself.
You can exclude yourself by sending a signed letter to the the Claims Administrator. Click Here for details on how to exclude yourself, including the Claims Administrator’s address. The letter must be postmarked by Monday, May 12, 2008. If you exclude yourself, you will not be permitted to obtain the benefits offered by the Settlement, you will not be bound by the Settlement and you will be able to sue the Defendants for the same claims involved in this case.
Object.
You may object to the Settlement in its entirety or any aspect of it so long as you do not exclude yourself from the Class. You can object by sending a written objection to the Claims Administrator. Click Here for details on how to object. The objection must be served by hand, overnight mail, or by first-class mail, postmarked by no later than Monday, May 19, 2008. You also have the right to hire a lawyer at your own expense to advise you about your rights under this proposed Settlement. You or your counsel can appear before the Court and object to the Settlement. To appear, you must file a Notice of Intention to Appear and Object with the Court.
Do nothing.
You will remain a member of the Class but you will not be eligible for refunds unless you submit a claim form.
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5. What can I get from the Settlement?

You may file a Claim for a refund of the cost of Airborne Products you bought, less any sales tax you paid. Click Here for details on the amounts of refunds for which you may be eligible.
If the total Claims made by Class Members is more than the amount of the balance of the Settlement Fund after the deduction of any award of attorneys’ fees and expenses and any incentive award approved by the Court, the total dollar value of each Class Member’s claim will be reduced proportionately. That is, if the Settlement Fund (after deduction of attorneys’ fees and other expenses) is $18 Million and the claims total $20 Million, then each class member’s claim will be reduced by 10% (because, in this example, $18 Million is 10% less than $20 Million.
If the total Claims by Class Members is less than the amount of the balance of the Settlement Fund, after payment of all Claims of Class Members the money left in the Settlement Fund will be distributed to non-profit organizations proposed by the Plaintiff and approved by the Court.
Each Class Member who does not validly exclude himself or herself from the Class agrees to accept as adequate relief any equitable and monetary relief obtained by any administrative entity in addition to the monetary consideration provided pursuant to this Settlement as full, adequate accord and satisfaction of equitable relief for the Settled Claims.
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6. How much of a refund can I claim?

You may claim for a full refund of the price (before sales tax) for every Airborne Product you bought if you file a proof of purchase with a Claim Form. The preferred proof of purchase is a copy of the original receipt that identifies the Airborne Product purchased and the amount paid for it. But if you don’t have a copy of the original receipt, you can also submit other proof that you bought the Products, such as an online order form, a receipt provided post-sale by the store (even a hand-written one), or a detailed credit card statement. The essential thing is for you to provide evidence that you bought a specific product and how much you paid for it.
If you do not have a Proof of Purchase, you can still file a Proof of Claim for up to 6 boxes of Airborne Products. You will get a refund that is based on the average retail price of the Product: $10.50 per box of Seasonal, $2.75 per box for Gummi, and $6.99 per box for all other Airborne Products.
If you have proofs of purchase for some Products but not for all that you bought, you may file a claim for refund of all Products for which you do have proofs of purchase, plus up to 6 additional Products that you bought but for which you don’t have a proof of purchase.
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7. How do I file a claim?

You may file your claim online at this website, by clicking here. If you do not wish to submit a claim online, you can also file your claim by mail. You may get a claim form in one of three ways:

by clicking here,
by calling 1-888-952-9080, or
by writing the Airborne Class Action Settlement Administrator, P.O. Box 1897, Faribault, MN 55021-7152.
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8. What is the deadline for filing a claim?

Claim Forms must be signed and postmarked (or, if submitted online, they must be received) no later than Midnight, September 15, 2008.

9. When will I get my check?

The timing is not set at this time because the Settlement has not been approved. The Court will hold a hearing on June 16, 2008, at 10:00 a.m., to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals. The appeal process can take time, and in some cases appeals have taken more than a year to resolve. If there is an appeal, no claims will be paid until it is resolved and the Settlement receives final approval by the Court. After the appeal process, if any, expires or is exhausted, your Settlement check will be mailed to you within 30 days of the later of such occurrences.

10. How do I exclude myself from the Settlement?

To exclude yourself from the Settlement, you must send a letter requesting exclusion from the Class. Request for exclusion must: (A) be signed by that member of the Class; (B) include that person’s full name, current address, and telephone number; and (C) include the following statement:

“I want to be excluded from the Settlement Class in Wilson v. Airborne Health., et al., Case No. EDCV 07-770-VAP (OPx).”

You must mail your Request for Exclusion so that it is postmarked no later than May 12, 2008, to: Airborne Class Action Settlement Administrator, P.O. Box 1897, Faribault, MN 55021-7152.

11. If I don’t exclude myself, can I sue the Defendants for the same claims asserted in this Action later?

NO. If the Court approves the Settlement, you will be bound by all terms of the Settlement and any Final Judgment entered in this Litigation, and give up your rights against the Defendants about the claims in this case, unless you submit a valid and timely Request for Exclusion postmarked or submitted online on or before May 12, 2008.

12. If I exclude myself, can I get benefits from this Settlement?

NO. If you properly exclude yourself from the Settlement using this procedure, you will not be entitled to any benefits from the Settlement, will not be bound by the Settlement, and will not have any right to object, appeal, or comment about the Settlement.

13. What do I do if I want to tell the Court what I think of the Settlement?

Any Class Member can object to the Settlement if you do not like any part of it, including the request for attorneys’ fees or the request for an incentive award to the Plaintiff. You must give the reason why you think that the Court should not approve the Settlement or the requested Class Counsel fees (i.e., a mere statement that “I object” is not enough). Do not contact the Court directly to object.

You must send a written statement with your name, your address, your telephone number, your signature and the reason why you object, and, if you are represented by a lawyer, the name, address, and telephone number of that lawyer. (Just giving the address of an attorney who represents you is not enough.) This information must be sent to this address:

Airborne Class Action Settlement Administrator
P.O. Box 1897
Faribault, MN 55021-7152

Submitting an objection will not extend the time within which a Class Member may request exclusion from this Settlement. Class Members who do not object as explained above will lose their right to object to the proposed Settlement Agreement, the Fee and Expense Award and the incentive award to Plaintiff, or to any other aspect of the proposed Settlement.

14. Will there be a hearing?

YES. The Court will hold a Fairness Hearing on June 16, 2008 at 10:00 a.m., before the Honorable Virginia A. Phillips at the United States District Court, Central District of California -- Eastern Division, Riverside Courthouse, Courtroom 2, 3470 Twelfth Street, Riverside, CA 92501. 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 Judge will listen to people who have asked to speak at the hearing. The Court may also consider attorney’s fees for Plaintiff’s Counsel and an incentive award for the Plaintiff. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long the Court's decision will take.

15. Do I have to come to the hearing?

NO. Plaintiff’s Counsel will answer questions the Judge may have. You are welcome, however, to attend at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as your written objection was received on time, the Court will consider it. If you wish to attend or have your lawyer attend, you must file an intention to appear. Click Here for details on how to file your intention to appear. If your own lawyer attends, you will be responsible for compensating your lawyer yourself. Finally, you may seek to intervene in the Action, but you need not do so.

16. May I speak at the hearing?

You will not be heard unless you submit comments or objections. Click Here for details on how to file objections or comments. State in your submission that you wish to be heard. You cannot speak at the hearing if you have excluded yourself.

17. Are there more details about the Settlement?

YES. These FAQ’s only address the questions most likely to be asked. More details are in the Settlement Agreement. Click Here to get a copy of the Settlement Agreement. For a list of other documents available online, click here. All other court documents relating to the case are on file at the Court, and may be examined and copied at any time during regular office hours at the Office of the Clerk, United States District Court, Central District of California -- Eastern Division, Riverside Courthouse, 3470 Twelfth Street, Riverside, CA 92501.

18. What will happen if the total amount of the valid claims that are submitted exceeds the amount of the settlement fund?

If the total amount of valid claims exceeds the amount available in the settlement fund, the balance of the settlement fund will be distributed to Class Members on a pro rata basis. The pro rata distribution is determined by dividing the balance of the settlement fund (after deduction of any Court-approved disbursements) by the aggregate amount of valid claims. This will result in a fraction that will be applied to reduce the amount of Class Members’ claims so that they can be paid from the remaining balance of the settlement fund.

19. I didn't buy Airborne--what's to stop me from filing for a refund?

Knowingly filing a false claim is fraud. Filing a false claim could cheat the actual class members of money that is owed to them--this is a fixed fund, so that if the value of valid claims exceeds the amount of the fund, the payment for each claim is reduced. The claims administrator has in place procedures to find false claims, and will take action if false claims are spotted.