UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION (CINCINNATI)
IN RE DRY MAX PAMPERS LITIGATION : CASE NO. 1:10-cv-00301 TSB
TO ALL PERSONS WHO PURCHASED OR ACQUIRED PAMPERS BRAND DIAPERS
WITH “DRY MAX” – READ THIS NOTICE CAREFULLY.
YOUR LEGAL RIGHTS MAY BE AFFECTED.
On June 7, 2011, this Court approved notice of a tentative settlement related to the above-named lawsuit concerning the manufacture, marketing, distribution, promotion and/or sale of Pampers diapers with Dry Max. This Notice provides information about the tentative settlement and the decision to pursue the case as an individual action, not as a class action.
UPDATE ON TENTATIVE SETTLEMENT
In 2010, Plaintiffs brought the above-named action against The Procter & Gamble Company related to the manufacturing, marketing, distribution, promotion and/or sale of Pampers with Dry Max diapers. This Court approved a tentative settlement of the litigation as a class action in 2011. In August 2013, the United States Court of Appeals for the Sixth Circuit rejected the tentative settlement. That is, there is no longer a tentative settlement and the above-named action remains pending before this Court.
REMOVAL OF CLASS ACTION ALLEGATIONS AND HOW YOUR LEGAL RIGHTS ARE AFFECTED
On November 15, 2013, Plaintiffs’ attorneys notified this Court that they would not oppose a Motion filed by The Procter & Gamble Company seeking to strike the class allegations. If this Court grants the Motion, the above-named action will proceed as an individual action, not a class action.
You should not rely on the class claims or the tentative settlement in these actions. If you bought Dry Max Pampers and you believe your child experienced problems as a result, then you may wish to speak to an attorney of your choice regarding any potential consumer claims you may have. If you choose to consult an attorney, you must act quickly. If you fail to act, your claim may be barred.
ADDITIONAL INFORMATION AND INQUIRIES
By Order of the Court Dated: December 5, 2013
TIMOTHY S. BLACK
UNITED STATES DISTRICT JUDGE