Zelda Brodowicz, et al., v. Virgin Scent, Inc.

If you are accessing the notice, you may be a Settlement Class Member. As such, if the Court approves the settlement, and you submitted a valid claim by the deadline, you may be eligible to receive an Automatic Payment. In addition, if you submitted a valid claim by the deadline, you may be entitled to receive an additional monetary payment.

The Notice is posted to inform you about a proposed settlement of a class action lawsuit and about your options. The Court has not yet decided whether to finally approve the settlement. If the Court approves the settlement, after objections and appeals (if any) are resolved, a settlement administrator will distribute the payments described below.

The Notice explains the lawsuit, the settlement, what payments and benefits may be available, who is eligible for them, and how to get them.

The lawsuit is pending in the Federal District Court for Southern District of Florida, in Ft. Lauderdale. The suit is known as Zelda Brodowicz, et al., v. Virgin Scent, Inc., No. 21-cv- 60643-RKA (S.D. Fla.). Judge Roy K. Altman is presiding over it. An additional lawsuit has been consolidated with this case for settlement purposes. That case is Lauren Slaughter, et al. v. Virgin Scent, Inc., Consolidated Case No. 2:21-CV-02875-VAP-E (C.D. Cal).

The persons who sued are called the Plaintiffs, and they are Zelda Brodowicz, Derek Ellis, Harold Nyanjom (plaintiffs in the Brodowicz Action), and Lauren Slaughter, Kaila Saiki, Raymond Saiki, Stephanie Pinghera, Jody McIntyre, Mayra Duarte, Lucas Pichardo, Amy Robinson, Donald Boorman, Kenneth Scantlin, Shelley Howe, and Mark Sophocles (plaintiffs in the Slaughter Action).

Plaintiff Zelda Brodowicz filed the Brodowicz lawsuit on March 24, 2021, individually and on behalf of a putative class. The lawsuit alleges that Virgin Scent manufactured, marketed, distributed, and sold adulterated and misbranded Hand Sanitizer Products that contained dangerously high levels of benzene without disclosing the benzene to consumers.       

The Slaughter lawsuit was filed in the Central District of California on April 2, 2021. The Slaughter lawsuit alleges that Virgin Scent manufactured, marketed, distributed, and sold adulterated and misbranded hand sanitizer that contained dangerously high levels of benzene without disclosing the benzene to consumers.

During the years these cases have been pending, counsel for the Plaintiffs have conducted extensive discovery and a thorough investigation and evaluation of the law and facts concerning this case, including facts made available through discovery. Based upon their discovery, investigation and evaluation of the facts and law, Plaintiffs have concluded that: (a) there are obstacles to overcome in establishing liability and damages; (b) the risks of litigation, as well as the difficulties and delays inherent in the type of complex litigation, could substantially reduce or eliminate any recovery; (c) the desirability of permitting the settlement is substantial; and (d) resolution of the case as set forth in the settlement is in the best interest of the Class.

Thus, with the aid of a certified mediator, the parties have reached the settlement described in the notice which they believe to be a fair, reasonable, and adequate settlement of the claims of Plaintiffs and the Settlement Class.

In a class action, the Plaintiffs sue on behalf of Artnaturals customers who have similar claims. All of those customers make up the Settlement Class.  A single court will resolve the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Classes. Judge Altman has certified this lawsuit as a class action for purposes of settlement. He will make a final determination as to whether the settlement is fair at a Final Fairness Hearing.

The lawsuits have not been decided in favor of the Plaintiffs or Virgin Scent. Virgin Scent has not admitted any wrongdoing or legal liability. Instead, the parties agreed to a settlement. That way, they avoid the cost of continued litigation and a trial. The Plaintiffs and Settlement Class Members who follow the procedures outlined in the Notice, and qualify under the terms of the settlement, will receive money, if the Court approves the settlement. The Plaintiffs and Class Counsel think the settlement is best for the Settlement Class Members.

The lawsuit alleges that Virgin Scent violated express and implied warranties and consumer protection laws, and was negligent in distributing hand sanitizer with benzene impurities.  You can read more about it by reading the Plaintiffs’ Second Amended Class Action Complaint on the Important Documents page of this website..

Virgin Scent denies all allegations. Virgin Scent asserts that the lawsuits are without merit. You can read Virgin Scent’s motion to dismiss the Second Amended Complaint on the Important Documents page of this website.

The Court has not decided whether the Plaintiffs or Virgin Scent are right. If the lawsuit, or multiple lawsuits, go forward, there will have to be a trial, at which the court will decide who is right. In order to avoid the expense of a trial, the parties wish to resolve the dispute on the terms set forth in the Settlement Agreement.

The settlement provides for monetary payments. It first provides for an automatic payment to all eligible Settlement Class Members who remain in the lawsuit and make valid claims. It also provides for an opportunity for eligible Settlement Class Members to submit a claim form to receive an additional monetary payment.

Virgin Scent will pay $3,088,000 into a Settlement Fund. Of this money, the court has approved $1,066,098.32 [$55,147.48 in costs and $1,010,950.84 in attorneys’ fees] to be set aside to pay the attorneys’ fees and costs of Class Counsel. 

How much money can I expect to receive in the settlement?

The amount of money each Settlement Class Member can receive is not yet known.

Class Members will receive an automatic payment based on the number of purchases each Class Member made for Hand Sanitizer Products; provided, however, that Class Members who lack Proof of Purchase will be limited to a maximum of ten (10) Automatic Payments.

Class Members may receive medical monitoring compensation (“Medical Monitoring Payment”); provided, however, that no claimant will receive more than $1,000 in Medical Monitoring Payments, and the aggregate total of Medical Monitoring Payments shall not exceed $300,000 from the Net Aggregate Settlement Fund. To the extent settlement funds within the Medical Monitoring Compensation category are not redeemed, those funds shall be reallocated to the Economic Compensation category. The total amount allocated for these combined categories shall not exceed the total of the Net Aggregate Settlement Fund.

How do I qualify for a payment?

Automatic Payment: A Settlement Class Member who wished to make a claim for an Automatic Payment could have submitted a Proof of Claim either by first class mail to VS Hand Sanitizer Settlement, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103 or online on the Submit A Claim page of this website before August 12, 2023. The claim form explained what you need to do. To receive an automatic payment, you must have provided Proof of Purchase or submitted a declaration under penalty of perjury attesting to purchase and the number of bottles purchased. If you submitted one or more Proofs of Purchase, you shall receive the full purchase price for each Hand Sanitizer Product listed on the Proof of Purchase, inclusive of all taxes. If you submitted a claim form that lacks Proof of Purchase, but submitted a declaration attesting to your purchases, you shall receive up to ten (10) Automatic Payments equaling $5 each.

Additional Payments: If you wished to make a claim for medical monitoring, you could have submitted a Proof of Claim either by first class mail to VS Hand Sanitizer Settlement, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103 or online on the Submit A Claim page of this website before August 12, 2023.  The claim form explained what you need to do. All claimants making claims for medical monitoring compensation shall attest to use of the Hand Sanitizer Product and the need to medically monitor manifest dermal symptoms in a declaration. 

The claim filing deadline passed on August 12, 2023. 

There will be a final determination of claims

Once the claim period concludes, the Class Administrator will determine whether claims submitted are compliant. The Class Administrator will promptly give notice to Class Counsel and Virgin Scent’s Counsel of its determinations. If it is determined that you are not eligible, you will receive an email to the email listed on your claim form. The email will explain the reason for the rejection, and give you an opportunity to correct your claim form.

Pro Rata Increases or Decreases

If you submitted a claim for Economic Compensation, your payment will be increased or decreased on a pro rata or proportional basis, such that the total amount paid to all Class Members who have submitted claims equals the Net Aggregate Settlement Fund.

The settlement covers the period of January 1, 2015, through May 23, 2023, the date of preliminary approval of the Settlement.

You are a Settlement Class Member if you paid any amount of money for a Hand Sanitizer Product that was sold or otherwise distributed by Artnaturals, Inc., during the coverage period.

Any judge to whom the lawsuit is assigned, and any immediate family or staff member of any such judge, also is excluded from the Settlement Class.

If you are still not sure whether you are included, you can get free help by calling the Settlement Administrator at 1-866-875-6339. The deadline to file a claim passed on August 12, 2023.

Do not contact anyone at Virgin Scent with questions about this settlement. They cannot answer your questions about this settlement.

The deadline to file a claim passed on August 12, 2023. 

By doing nothing, you will stay in the Settlement Class. Nevertheless, you will receive no monetary payment unless you submitted a valid claim. In addition, you will be legally bound by all of the decisions that the Court makes, and will be deemed to have given up your right to file a separate lawsuit for the claims that have been asserted or could have been asserted in this lawsuit.

If you excluded yourself from the Settlement Class, you will not be able to get any money or benefits as a result of the settlement. You nonetheless will retain your right to file your own separate lawsuit for the claims that have been asserted or could have been asserted in this lawsuit.

If you pursue a separate lawsuit after you excluded yourself, and you wish to be represented by counsel in that lawsuit, you will have to hire and pay your own lawyer and will have to prove your claims without the benefit of the work performed by the lawyers in this lawsuit.

The deadline to exclude yourself from the Settlement passed on August 12, 2023.

The deadline to object to the Settlement passed on August 12, 2023.
 

The Court has decided that attorneys Ruben Honik and David J. Stanoch of Honik LLC, and Conlee S. Whiteley of Kanner & Whiteley, L.L.C., are qualified to represent you and all Settlement Class Members. Those attorneys are called Class Counsel, and they are experienced in handling similar class action cases. 

If you decided not to exclude yourself, you do not need to hire your own lawyer because Class Counsel is working on your behalf. If you want your own lawyer as well, you will have to pay for that lawyer yourself. For example, you may ask a lawyer to appear at the Final Fairness Hearing on your behalf if you want someone other than Class Counsel to speak for you.

Class Counsel has filed a motion for attorneys’ fees and costs.  The court has approved that, from the $3,088,000 Settlement Fund, $1,066,098.32 shall be set aside to pay Class Counsel’s attorneys’ fees and costs.

You may have objected to Class Counsel’s attorneys’ fees, costs, and expenses before the deadline of August 12, 2023. 

The motion is posted on the Important Documents page of this website.

The Court will hold a Final Fairness Hearing on September 20, 2023, in Courtroom 12-4 at the Wilkie D. Ferguson, Jr. U.S. Courthouse, 400 N. Miami Avenue, Miami, Florida 33128. The Final Fairness Hearing will be in Judge Altman’s courtroom at 2:00 p.m. The Final Fairness Hearing will be held in person. At that hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are any objections, the Court will consider them. The Court will listen to people who it allows to speak at the hearing. The Court also may confirm how much Class Counsel will receive in attorneys’ fees, costs, and expenses. After the hearing, the Court will decide whether to finally approve the settlement, finally certify the Settlement Class, and enter a final judgment directing that the settlement be carried out. We do not know how long that will take.

No. Class Counsel will answer any questions the Court may have. If you submitted an objection or a notice stating your intent to appear at the Final Fairness Hearing, you may come in person to the Final Fairness Hearing or appear through your own attorney. You are not, however, required to attend the Final Fairness Hearing, even if you have submitted an objection. The Court will consider your objection if it was timely submitted, whether or not you come to the Final Fairness Hearing.

You may have asked the Court for permission to speak at the Final Fairness Hearing if you filed a timely, written objection stating your intent to do so or a notice of your intent to do so. The deadline to object to the Settlement passed on August 12, 2023.

On the Important Documents page of this website, you will find, among other things, the Order Preliminarily Approving Settlement, the Complaint, certain other case filings, and the Settlement Agreement. The motion for an attorneys’ fee, costs, and expenses award will also be posted on the Important Documents page. For more information, you may call the Settlement Administrator toll-free at 1-866-875-6339 or write to VS Hand Sanitizer Settlement, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103. For a complete statement of all the contentions and proceedings in this case, you may also consult files relating to the case which are available for your inspection at the office of the Clerk of the United States District Court for the Southern District of Florida, at the U.S. Federal Building and Courthouse, 299 East Broward Boulevard #108 Fort Lauderdale, FL 33301.

PLEASE DO NOT CALL OR WRITE THE COURT OR VIRGIN SCENT FOR INFORMATION OR ADVICE ABOUT THIS SETTLEMENT.

DATED: May 22, 2023

BY ORDER OF ROY K. ALTMAN.
UNITED STATES DISTRICT JUDGE,
UNITED STATES DISTRICT COURT,
SOUTHERN DISTRICT OF FLORIDA.