The proposed deal comes after seven years of litigation and months of negotiations and would, under the terms of the deal, see P&G pay up to $15 million in cash refunds to people who bought Align, and provide $5 million to $10 million worth of other benefits, in addition to fees and court costs.
Further, Procter & Gamble has also agreed not to make the “clinically proven” claim without new, reliable supporting clinical data or a change in Align’s formula.
Should the deal receive approval, the settlement class will consist of anyone who bought Align in the US or its territories for personal use between March 1, 2009, and June 6, 2016. Each class representative could receive up to $2,500.
Specifically, the terms of the proposed deal state that each class member could receive up to $49.26 in cash refunds, including $31.76 for two purchases of Align between March 1, 2009, and October 31, 2009, the time period in which Procter & Gamble specifically advertised Align’s benefits as clinically proven. For purchases made after that date, class members may receive one refund of $17.50.
The case is Rikos, et al. v. Procter & Gamble Co., case number 1:11-cv-00226, in the U.S. District Court for the Southern District of Ohio.