Gallucci v. Boiron, Inc. Settlement Website
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Frequently Asked Questions

Please find below answers to frequently asked questions

  1. What is This Case About?
  2. Which Products are Addressed in this Lawsuit?
  3. Am I a Class Member?
  4. What Does the Settlement Provide?
  5. What are Class Members’ Options?
  6. How Do I Submit a Claim Form?
  7. How Do I Opt Out of the Settlement Class?
  8. How Do I Object to the terms of the Settlement?
  9. When and Where Will the Court Hold a Hearing on the Fairness of the Settlement?
  1. What is This Case About?

    A proposed settlement has been reached in a class action lawsuit regarding Oscillococcinum, Children’s Oscillococcinum, Arnicare, Quietude, Camilia, Coldcalm and other products manufactured by Boiron (“the Products”). The lawsuit claims advertising concerning the Products was not true. The manufacturer of the Products stands by its advertising and denies it did anything wrong. The parties have agreed to settle to avoid the cost and risk of further litigation.

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  2. Which Products are Addressed in this Lawsuit?

    A list of the products addressed in this lawsuit can be found by clicking here.

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  3. Am I a Class Member?

    You are a Class Member and may be eligible to receive a settlement benefit if you purchased the Products after January 1, 2000. You are not a Class Member if you were a California resident whose only purchase of a Boiron product was of Children’s Coldcalm in California after August 31, 2006.

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  4. What Does the Settlement Provide?

    A settlement fund of $5 million is being set up to pay claims to eligible Class Members, attorneys’ fees and costs, and the notice and claims administration costs. The manufacturer of the Products is also agreeing to make certain changes to the manner in which it advertises the Products. To view or download the Settlement Agreement, click here.

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  5. What are Class Members’ Options?

    If you are a Settlement Class Member, your legal rights and options are to:

    • Submit a Claim Form completed online or postmarked by no later than December 15, 2012. The only way to receive a payment.

    • Request Exclusion from the Settlement Class by July 27, 2012 as set forth in the Class Notice and Preliminary Approval Order. Receive no payment. This is the only option that allows you to pursue claims alleged in the Action against the Defendants by filing your own lawsuit at your own expense.

    • Comment or Object by July 27, 2012 as set forth in the Class Notice and Preliminary Approval Order. Write to the Court about why you do, or do not, like the Settlement. You must remain in the Settlement Class to comment in support of, or make an objection to, the Settlement.

    • Attend a Hearing on October 1, 2012 Ask to speak to the Court about the fairness of the Settlement.


    • For more information regarding the required steps to object to the Settlement or attend the Hearing, see question 8 below or the Preliminary Approval Order.

      (The date and time of the final fairness hearing is subject to change by Court Order. Any such change will be posted on this website.)

    • Do Nothing. Receive no payment and give up your right to pursue your own lawsuit at your own expense.

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  6. How Do I Submit a Claim Form?

    To get a settlement benefit, Class Members must send in a completed claim form and, if available, proof of purchase of the Products to the Claims Administrator no later than December 15, 2012. Such deadline may be further extended without notice to the Class by Court Order. Class Members who file timely and valid claims are eligible to receive up to $100.00 per household.

    Claims may be filed online by clicking here.

    If you file a claim online, there is no need to mail in a paper form. However, if you wish to mail in a paper form in lieu of filing a claim online, please click here to download a paper claim form.

    Claim Forms must be postmarked (if mailed) or completed (if filed online) no later than December 15, 2012.


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  7. How Do I Opt Out of the Settlement Class?

    To exclude yourself from the Settlement Class, you must send a letter saying that you want to be excluded from the class in Gallucci v. Boiron, Inc. et al., No. 11-cv-2039-JAH-NLS. Your exclusion request must include your name, address, telephone number, signature, and a signed statement to the effect that: “I hereby request to be excluded from the proposed Settlement Class in Gallucci v. Boiron, Inc. et al., No. 11-cv-2039-JAH-NLS.”

    Your exclusion request must be postmarked no later than July 27, 2012, and sent to the Settlement Administrator at the following address: Boiron Settlement Administrator, c/o Gilardi & Co. LLC, P.O. Box 8090, San Rafael, CA 94912-8090.

    A request for exclusion that does not include all the above information, that is sent to an address other than the one listed above, or that is not received on time, will not be valid and the person(s) asking to be excluded will be considered a member(s) of the Settlement Class, and will be bound as a Settlement Class Member(s) by the Settlement.

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  8. How Do I Object to the terms of the Settlement?

    If you do not exclude yourself from the Settlement Class, you or your attorney can object to the Settlement and have the right to appear before the Court to do so. Your objection to the Settlement must be submitted in writing to the Settlement Administrator at the following address: Boiron Settlement Administrator, c/o Gilardi & Co. LLC, P.O. Box 8060, San Rafael, CA 94912-8060, by July 27, 2012. You must also send copies of your comment or objection to the Court and the attorneys for the Parties at the following addresses:

    Clerk of the Court
    Clerk of the Court
    United States District Court
    Southern District of California
    880 Front Street, Suite 4290
    San Diego, CA 92101-8900
    Settlement Class Counsel
    Ronald A. Marron
    Law Offices of Ronald A. Marron, APLC
    3636 Fourth Avenue, Ste. 202
    San Diego, CA 92103
     
    Defendants’ Counsel
    Christina Guerola Sarchio
    Patton Boggs LLP
    2550 M St, NW
    Washington, DC 20037
     

    The objection or comment must be in writing and include the case name Gallucci v. Boiron, Inc. et al., No. 11-cv-2039-JAH-NLS, and (a) the Settlement Class Member’s full name and current address; (b) a signed declaration that he or she is a Settlement Class Member; (c) the factual basis and legal grounds for the objection, including any documents sufficient to establish the basis for their standing as a Settlement Class Member such as verification under oath as to the approximate date(s) and location(s) of their purchase(s) of the Products; (d) identification of the case name, case number, and court for any prior class action lawsuit in which the objector has objected to a proposed class action settlement, the general nature of such prior objection(s), and the outcome of said prior objection(s); (e) identification of the case name, case number, and court for any prior class action lawsuit in which the objector and the objector’s attorney (if applicable) has objected to a proposed class action settlement, the general nature of such prior objection(s), and the outcome of said prior objection(s); (f) the payment terms of any fee agreement between the objector and the objector’s attorney with respect to the objection; and (g) any attorneys’ fee sharing agreement or referral fee agreement between or among the objector, the objector’s attorney, and/or any third party, including any other attorney or law firm, with respect to the objection.

    If you wish to appear at the hearing, you will need to file a notice of intention to appear, either in person or through an attorney, with the Court and list the name, address and telephone number of the attorney, if any, who will appear. This notice of intention to appear will need to be filed no later than July 27, 2012.

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  9. When and Where Will the Court Hold a Hearing on the Fairness of the Settlement?

    The Court will hold a hearing on this case on October 1, 2012 at 2:30 p.m. at the federal courthouse located at 940 Front Street, Courtroom 11, San Diego, CA 92101, to consider final approval of the settlement, including payment of reasonable attorneys’ fees and costs to Class Counsel related to obtaining the settlement relief, an incentive award to each of the named Plaintiffs, and related issues.

    The motion(s) by Class Counsel for attorneys’ fees and costs and incentive awards for the Class Representatives will be available for viewing on this website after they are filed. You may appear at the hearing in person or through your attorney at your own cost, but you are not required to do so.

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