JND Legal Administration announces a proposed settlement in a class action lawsuit called Levy v. Dolgencorp, LLC, M.D. Fla., Case No. 3:20-cv-01037-TJC-MCR (the “Settlement”). This notice provides a summary of your rights and options.
What is this about? Plaintiff David Levy claims that Dollar General Corporation; Dolgencorp, LLC; and DG Retail, LLC (collectively, “Defendants” or “Dollar General”) used deceptive and misleading sales and marketing tactics in selling the DG Health Infants’ Acetaminophen. Dollar General vigorously denies all allegations of wrongdoing or liability made in the lawsuit. Both sides have agreed to the Settlement to avoid the cost of further litigation.
Who is affected? You are a Class Member if you purchased DG Health Infants’ Acetaminophen from September 15, 2016 through June 8, 2021 (the “Class Period”) for personal or household use in the United States.
What does the Settlement provide? The Settlement provides both injunctive and monetary relief.
Injunctive Relief: Defendants have agreed to not sell DG Health Infants’ Acetaminophen unless it states that the liquid medicine in the Product contains the same concentration of liquid acetaminophen that is in DG Health Children’s Acetaminophen or language on the labeling/packaging that is substantially similar.
Monetary Relief: Defendants also agreed to pay a Settlement Amount of $1.8 million to establish a Claim Fund. The Claim Fund will pay: (1) settlement administration expenses, not to exceed $350,000; (2) attorneys’ fees and expenses in the amount approved by the Court, but not to exceed $600,000; (3) a Class Representative service award in an amount of $5,000 as approved by the Court, if any; and (4) monetary benefits to Class Members who timely submit a valid claim.
What can I get? If the Court approves the Settlement, Class Members will be entitled to a partial refund of $1.70 for every 1 fl. oz. and 2 fl. oz. bottle of Infants’ Acetaminophen purchased during the Class Period for which they have a valid proof of purchase. Class Members without a valid proof of purchase will be entitled to a partial refund of $1.70 for every 1 fl. oz. and 2 fl. oz. bottle of Infants’ Acetaminophen for a maximum of 3 units (i.e., a total of up to $5.10 per household). Only one claim can be filed per household.
If the total amount to be paid for eligible claims exceeds the Claim Fund Balance, then each Class Member’s award will be proportionately reduced on a pro rata basis. If the Claim Fund Balance is greater than the total amount to be paid for eligible claims, then each Class Member’s award will be proportionately increased on a pro rata basis such that the Claim Fund Balance is exhausted. Any unclaimed checks shall be donated to National Consumer Law Center.
How do I file a claim? To receive a cash payment, go to www.DGinfantacetaminophensettlement.com to file or download a Claim Form. You can also write: DG Infant Acetaminophen Settlement, c/o JND Legal Administration, P.O. Box 91394, Seattle, WA 98111-0050 or email: info@DGinfantacetaminophensettlement.com. All Claim Forms must be submitted online or postmarked by August 27, 2021.
What are my other options? You can do nothing, exclude yourself, or object to the Settlement.
Do Nothing: If you do nothing, you will not get a payment and you will give up your right to sue or continue to sue Dollar General for the claims in this case.
Exclude Yourself: If you exclude yourself or remove yourself from the Class, you will not receive a payment. You will keep your right to sue or continue to sue Dollar General for the claims in this case. Exclusion requests must be postmarked by October 11, 2021.
Object: If you do not exclude yourself from the Settlement you may object to it or tell the Court what you don’t like about the Settlement. Objections must be postmarked by October 11, 2021.
For details about your rights and options and how to exclude yourself or object, go to www.DGinfantacetaminophensettlement.com.
What happens next? The Court will hold a Final Approval Hearing on October 28, 2021 at 2:00 p.m. ET, in Courtroom 10D at the Bryan Simpson United States Courthouse, 300 North Hogan Street, Jacksonville, Florida 32202, to consider whether to approve the Settlement, Class Counsel’s attorneys’ fees and expenses, and a Class Representative service award, if any. The Court has appointed Pearson, Simon & Warshaw, LLP, Shamis & Gentile, Edelsberg Law, PA and Dapeer Law, PA as Class Counsel. Class Counsel will answer any questions that the Court may have. You or your attorney may ask to speak at the hearing at your own cost, but you don’t have to.
How do I get more information? For more information and to view the full notice, go to www.DGinfantacetaminophensettlement.com, or contact the Settlement Administrator by writing DG Infant Acetaminophen Settlement , c/o JND Legal Administration, P.O. Box 91394, Seattle, WA 98111-0050 emailing info@DGinfantacetaminophensettlement.com, or calling 1-833-722-0894.