In re Colgate-Palmolive Softsoap Antibacterial Hand Soap Marketing and Sales Practices Litigation

Case # 12-md-02320
Case Name In re Colgate-Palmolive Softsoap Antibacterial Hand Soap Marketing and Sales Practices Litigation
Jurisdiction US District Court for NH
Summary

This lawsuit concerns deceptive marketing practices by the Defendant in their advertising and labeling of antibacterial hand soap.  Softsoap Antibacterial hand soap was marketed as being more effective at killing germs than other soaps that do not contain its active ingredient:  triclosan.  However, the Food and Drug Administration found no evidence that washing with triclosan antibacterial soap was any more effective than washing with regular soap and water.  As a result of the deceptive marketing, consumers were lead to purchase Softsoap products over other, equally effective, products.

Final Approval Date 11/16/2015
Result
  1. Final Approval granted.
    • The Court ordered the Motion for Attorneys' Fees to be re-noticed to give class members a chance to react.  No class members objected to the Motion for Attorneys' Fees, which were granted on 01/29/2016.
  2. Objector St. John appealed the Final Approval.
    • The appeal was ostensibly limited in scope to the use of a cy pres recipient and whether it rendered the settlement unfair (see Motion to Stay, page 3, attached below).
  3. Objector St. John withdrew her appeal five days after the District Court granted the Motion for Attorneys' Fees, which did not contain a cy pres component and rendered both her original objection to that issue, and subsequent appeal, moot.
Dismissal of Last Appeal 02/18/2016
Attachments Docket Report.pdf
Fourth Consolidated Amended Class Action Complaint.pdf
Preliminary Approval Order.pdf
Plaintiff's Response to Objections.pdf
Defendant's Response to Objections.pdf
Final Approval Order.pdf
Order Granting Attorneys' Fees.pdf
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Objection of Anna St. John

Objectors Anna St. John
Signers Anna St. John
Attorneys Anna St. John
Summary
  1. Class cannot be certified, since individual monetary claims predominate.
  2. Attorneys' fees are excessive and show signs of self-dealing.
  3. Cy pres recipient is not sufficiently linked to the settlement.
    • Children's Health Fund may be a partisan organization.
  4. Class counsel did not provide sufficient notice of their fee request.
Attachments Objection of Anna St. John.pdf
Appeal of Objector St. John.pdf
Motion to Stay by Objector-Appellant St. John.pdf
Motion to Dismiss St. John Appeal.pdf
Dismissal of St. John Appeal.pdf
St. John Appeal Docket.pdf
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