SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO
Machlan v. Procter & Gamble Company; Nehemiah Manufacturing Co. et al., Case No. CGC 14-538168.
This website concerns a case called Machlan v. Procter & Gamble Company; Nehemiah Manufacturing Co. et al., San Francisco Superior Court Case No. CGC 14-538168.
This class action settlement will resolve a lawsuit against Nehemiah Manufacturing Company LLC (“Nehemiah”) and The Procter & Gamble Company (“P&G”). It involves the “Kandoo®” brand flushable wipes. The lawsuit contends that these wipes were inappropriately marketed as “flushable” and as “sewer and septic safe.” The lawsuit seeks a court order to stop the practices and to refund to customers the purchase price.
Both Nehemiah and P&G deny any wrongdoing. Nehemiah contends, and P&G concurs, that the Products were truthfully marketed and labeled. P&G also contends that Nehemiah has controlled the Kandoo® wipes product since 2009.
To settle the case, Nehemiah agreed to make changes to the labeling of the wipes and to the material used in manufacturing the wipes. In addition, Nehemiah will provide class members a cash refund of $1 per package purchased, up to $50 per household or business with proof of purchase, or $10 per household or business without proof of purchase.
The lawyers who brought the lawsuit will ask the Court for up to $650,000 to be paid by Nehemiah as fees and expenses for investigating the facts, litigating the case, and negotiating the settlement. They will additionally ask for $5,000 for the Plaintiff who brought this lawsuit, as a class representative award.
Your legal rights are affected whether you act, or don’t act. Read this website carefully.
This website summarizes the proposed settlement. For the precise terms and conditions of the Settlement, please see the settlement agreement available on this website, contact the claim administrator at 844-702-2784, or contact class counsel at Gutride Safier LLP, 100 Pine Street, Suite 1250, San Francisco, CA 94111.
SUMMARY OF YOUR OPTIONS IN THIS SETTLEMENT
SUBMIT A CLAIM FORM:
The only way to receive payment, i.e., refunds for your purchases.
March 1, 2017
OPT OUT OF THE SETTLEMENT:
Get out of the lawsuit and the settlement. This is the only option that allows you to ever bring or join another lawsuit against Nehemiah or P&G that raises the same legal claims released by this settlement. You will receive no payment.
March 1, 2017
OBJECT TO THE SETTLEMENT:
You can ask the Court to deny approval of the settlement by timely submitting an objection to the Claim Administrator.
March 1, 2017
GO TO THE SETTLEMENT HEARING:
Speak in Court about the settlement.
March 29, 2017 at 9:30 a.m.
You will receive no payment and have no right to sue later for the claims released by the settlement.
These rights and options—and the deadlines to exercise them—are explained in this website.
The Court in charge of this case still has to decide whether to approve the settlement. Payments will be made if the Court approves the settlement. If there are appeals, payment will not be made until the appeals are resolved and the settlement becomes effective. Please be patient.
FAIRNESS HEARING: On March 29, 2017, at 9:30am, the Court will hold hearings to determine:
(1) whether the proposed settlement is fair, reasonable and adequate and should receive final approval;
(2) whether the applications for attorneys’ fees and/or expenses brought by the Class Counsel should be granted; and
(3) whether the application for a class representative payment to the Plaintiff who brought the lawsuit should be granted.
The hearing will be held at the Superior Court for the State of California, County of San Francisco, 400 McAllister St., San Francisco, CA 94102, in Department 305, courtroom of the Honorable Judge Mary E. Wiss. This hearing date may change without further notice to you. Consult this website, or the Court docket in this case at http://www.sfsuperiorcourt.org/online-services (perform a case number query using case number 538168), for updated information on the hearing date and time.
This website is authorized by the Court, supervised by counsel and controlled by Heffler Claims Group, the Settlement Administrator approved by the Court. This is the only authorized website for this case.