Preliminary Settlement Reached in Hydroxatone Consumer Fraud Class Action

April 29 2013

17313s.png Washington, DC: A proposed national settlement has been reached in a consumer fraud class action brought against Hydroxatone LLC and Atlantic Coast Media Group LLC (“Defendants”) relating to their sale or offer of products under a Risk Free Trial and/or Auto-Shipment Program (also known as “Preferred-Customer Beauty Program” or “Beauty Auto-Ship Program”).

The lawsuit is entitled Susan Sabol, et al., v. Hydroxatone LLC and Atlantic Coast Media Group LLC, Civ. Act. No. 2:11-cv-0456-KM-MAH (D.N.J.) (the “Action”). The Settlement Class is defined as follows:

All Persons residing in the United States who between January 1, 2005 and March 28, 2013 paid for, and/or were charged for Hydroxatone-branded products, and/or were charged shipping and processing fees for such products, in connection with a Risk-Free Trial and/or Auto-Shipment Program, including but not limited to: Hydroxatone, Celtrixa, Hydrolyze, Declatone, Lashatone, Instant Effect, Luminique, Instant Wrinkle Filler, and Orexis.

Defendants deny any wrongdoing and do not believe that they have any liability to the Settlement Class. However, all parties believe it is in their best interest to settle the Action under the terms of the Amended Settlement Agreement and obtain closure on these matters. The Court in charge of this case has preliminarily approved the Amended Settlement but still has to decide whether to grant final approval. Payments and settlement benefits will be made only if the Court grants final approval of the Amended Settlement and after appeals, if any, are resolved.

The following dates apply:
June 17, 2013 Last day to file objection to the settlement

June 25, 2013 Last day to request exclusion

July 16, 2013 Court hearing on fairness of settlement

August 15, 2013 Last day to file a claim

The Amended Settlement Agreement provides for cash benefits, product benefits and prospective relief to eligible Settlement Class Members. A detailed description of all available, together with claims forms and further information can be accessed at hydroxatonesettlement.com.

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