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Welcome to the Information Website for:
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Marilee Perlin, et al. v. GlaxoSmithKline Consumer Healthcare, L.P., et al.
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(Docket No. 99 CH 17465)
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www.nrtsettlement.com
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A Settlement has been proposed in a class action lawsuit that alleges that certain advertising by GlaxoSmithKline of its Nicorette® (“Nicorette”) and NicoDerm CQ® (“NicoDerm CQ”) brand smoking cessation aids falsely advertised certain attributes of those products in violation of state consumer protection laws. Defendants deny any wrongdoing or illegal conduct but have agreed to settle the litigation. This website provides information on the lawsuit and proposed Settlement, and will be updated from time to time as may be warranted.
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This lawsuit involves two smoking cessation products, Nicorette gum and NicoDerm CQ patches, marketed and sold by GlaxoSmithKline Consumer HealthCare, L.P. Both products have been approved by the Federal Food and Drug Administration as smoking cessation aids.
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You are a member of the Class if you are currently a resident of the United States who purchased a Nicorette brand gum product at anytime from April 18, 1996 to the present and/or, at anytime from August 2, 1996 to the present purchased any NicoDerm CQ brand product.
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PLEASE SEE EITHER THE ORDER DATED NOVEMBER 17, 2005 PRELIMINARILY APPROVING PROPOSED CLASS ACTION SETTLEMENT OR NOTICE OF CONDITIONAL CLASS CERTIFICATION (EXHIBIT C TO SETTLEMENT AGREEMENT) FOR MORE INFORMATION.
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Deadline to Exclude Yourself: The deadline to request exclusion from the Settlement is February 23, 2006. Your request for exclusion must be filed with the Court and served on the parties by that date to be accepted. Late requests for exclusion will not be accepted.
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Comment/Objection: The deadline to submit comments or objections is February 23, 2006. All comments or objections must be filed with the Court and served on the parties to the action by that date to be accepted.
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Final Approval Hearing: The Final Approval Hearing to determine if the proposed Settlement is fair, reasonable and adequate is scheduled to take place at 10:30 a.m. on March 20, 2006 before the Honorable David R. Donnersberger, in Room 2308 of the Richard J. Daley Center, 50 West Washington Street, Chicago, Ill 60604.
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Why has this Notice been issued? (top) |
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You have a right to know about a proposed Settlement of this class action lawsuit and about all of your options before the Court decides whether to give final approval to the Settlement.
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This information is being made available to everyone who purchased any Nicorette brand gum between April 18, 1996 and the present and/or between August 2, 1996 and the present purchased any NicoDerm CQ brand patch product.
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This website explains the lawsuit, the Settlement, your legal rights, what benefits are being made available under the Settlement.
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The Court in charge of the case is the Circuit Court of Cook County -- Chancery Division, and the case is known as Marilee Perlin v. GlaxoSmithKline Consumer Healthcare L.P., Case No. 99 CH 17465. The people who brought the case are called Plaintiffs, and the companies they sued are called Defendants.
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What is the lawsuit about? (top) |
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A Settlement has been proposed in this class action lawsuit, that alleges that the Defendants falsely advertised Nicorette and NicoDerm CQ smoking cessation products in violation of the Illinois Consumer Fraud Act and similar laws of the other states.
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The Settlement does not mean that the Defendants admit that they have done anything wrong or illegal or that the Court has found that Defendants violated the law. Indeed, Defendants deny any wrongdoing or illegal conduct.
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Why is this a class action? (top) |
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In a class action, one or more person(s), called the Class Representative(s), sue on behalf of a group of people who have similar claims – the class members. One court then resolves the issues for all class members, except for those who exclude themselves from the class. Circuit Court Judge David R. Donnersberger is in charge of this class action.
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Why is there a Settlement? (top) |
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Although the Court has not decided whether the claims in this lawsuit are correct, both sides have agreed to a Settlement. That way, both sides are able to avoid the risks and costs of a trial, the case can be resolved and the benefits of the Settlement can be made available. The Class Representatives and their attorneys think that the proposed Settlement is fair to the Class Members and the parties in the case and think that the terms of the Settlement are a reasonable and adequate resolution of this matter.
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How do I know if I am a Class Member? (top) |
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You are a member of the Class if you are currently a resident of the United States, its possessions and territories (including the District of Columbia) who purchased a Nicorette brand gum product in the United States during the period April 18, 1996 to the present and/or from August 2, 1996 until the present purchased a NicoDerm CQ brand gum product. You are not a member of the Class, even though you bought the covered products during the relevant time period, if you are an employee, officer, director, agent or attorney of any Defendant, or the judge presiding over this matter or a member of each such person's immediate family. You do not need to do anything at this time if you want to remain a Class Member.
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What if I still do not know whether I am included in the proposed Settlement Class? (top) |
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If you are still not sure whether you are included in the class, call 1-312-357-0372 or write to:
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Lawrence Walner, Esq.
Lawrence Walner & Associates, Ltd.
150 North Wacker Drive, Suite 2150
Chicago, Illinois 60606
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What does the Settlement provide? (top) |
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Defendants have agreed to:
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Over a one-year period, to disseminate over the Internet to consumers discount certificates having a face value of $5.00, having an aggregate value of $4,000,000. These discount certificates shall be redeemable toward the purchase of any Nicorette or NicoDerm CQ brand products; |
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Defendants shall make an aggregate charitable donation of $650,000 or more to one or more of the following charities: The American Cancer Society, The Campaign for Tobacco Free Kids, and/or the American Lung Association; |
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Pay, on behalf of the Class, Plaintiffs' Attorneys' Fees and expenses in an amount to be determined by the Court, up to a maximum of $500,000. Any fees and costs that may be awarded by the Court shall not reduce the value of the discount certificates that will be made available to the Class Members; and |
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Pay all the expenses of notifying the Class about, and administering all aspects of, this Settlement, and distributing and redeeming the discount certificates. |
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Will I receive anything from the Settlement? (top) |
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The discount certificates described above are available to all consumers on a “first-come, first-served” basis. The discount certificates may be downloaded from certain websites. The discount certificate can be found here.
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If you do not want to be a member of the Class, or if you want to be able to start your own suit or be part of a different lawsuit against the Defendants raising the claims involved in this lawsuit, then you must take steps to get out of the Class. This is called "excluding yourself" and sometimes is referred to as "opting out" of the Class.
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How do I get out of the Settlement? (top) |
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You have the right to opt out of this settlement. If you opt out of the settlement, you will not be bound by or subject to the terms of the settlement agreement or any judgment or settlement of the lawsuit. If you wish to opt out, you must submit a written, signed request to exclude yourself from the settlement. Your request for exclusion should reference the lawsuit (Perlin v. GlaxoSmithKline Consumer Healthcare, L. P. et al. No. 99 CH 17465). Your request for exclusion must be filed with the Clerk of the Court, Circuit Court of Cook County, Room 802, Richard J. Daley Center, 50 West Washington Street, Chicago, Illinois 60606, and copies must be sent by hand or overnight delivery or first-class mail to:
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Lawrence Walner, Esq.
Lawrence Walner & Associates, Ltd.
150 North Wacker Drive, Suite 2150
Chicago, Illinois 60606
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Bruce A. Colbath, Esq.
Weil, Gotshal & Manges LLP
767 Fifth Avenue
New York, New York 10153-0119
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Requests to opt out of the settlement must be filed on or before February 23, 2006.
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If I do not exclude myself, can I sue the Defendants for the same thing later
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No. Unless you exclude yourself, you give up all of your rights against the Defendants for the claims that are involved in this Settlement.
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Do I have a lawyer in this case? (top) |
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The Court has approved several law firms (called "Plaintiffs' Counsel") to collectively represent you. You will not be charged for the services of these attorneys in litigating this case for over five years and negotiating this Settlement. If you want to be represented by your own lawyer, you may hire one at your own expense.
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How will the lawyers be paid? (top) |
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The Court has not decided how much Plaintiffs' Counsel will be paid. Plaintiffs' Counsel may ask the Court for an award of their reasonable fees and expenses ("Attorneys' Fees") incurred in pursuing this case, and Defendants have agreed to pay an amount of no more than $500,000 in Attorneys' Fees. The Court may award less than that amount. You do not have to pay any Attorneys' Fees that the Court may award. These Attorneys' Fees will be paid separately by the Defendants and will not come out of the value of the discount certificates that will be made available to the Class Members.
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How can I object to the Settlement? (top) |
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If you are and choose to remain a Class Member, you can object to the Settlement, or to the request for Attorneys' Fees. You must give the reason why you think that the Court should not approve the Settlement or the requested Attorneys' Fees (i.e., a mere statement that "I object" will not be deemed sufficient). Do not contact the Court directly to object. Rather, you must file with the Court a notice of your intention to appear (if you intend to do so) and the basis for your objection at Clerk of the Court, Circuit Court of Cook County, Room 802, Richard J. Daley Center, 50 West Washington Street, Chicago, Illinois 60604. Please include your name, your address (just giving the address of an attorney who represents you is not sufficient), your telephone number, your signature and the reason why you object, and, if you are represented by a lawyer, the name, address and telephone number of that lawyer. Your objection should also reference the name of the lawsuit (Perlin v. GlaxoSmithKline Consumer Healthcare, L.P. et al. , No. 99 CH 17465). You also must serve a copy of this filing by hand delivery, overnight mail or first-class mail to:
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Lawrence Walner, Esq.
Lawrence Walner & Associates, Ltd.
150 North Wacker Drive, Suite 2150
Chicago, Illinois 60606
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Bruce A. Colbath, Esq.
Weil, Gotshal & Manges LLP
767 Fifth Avenue
New York, New York 10153-0119
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Submitting an objection will not extend the time within which a Class Member may request exclusion from this Settlement.
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Objections must be filed on or before February 23, 2006.
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What is the difference between objecting and excluding? (top) |
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Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Class. If you object and the Court rejects your objection, you remain a member of the Class and will be bound by any outcome of the case. Excluding yourself is telling the Court that you do not want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.
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What is the Fairness Hearing? (top) |
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The Court has scheduled a Hearing to decide whether to approve the Settlement and award Attorneys' Fees. You may, but do not have to, attend the Hearing. You may speak at the Hearing but only if you have submitted your comments or objections as provided in the question above entitled "If I do not like the Settlement or Object to the Attorney's Fees, how do I tell the Court?".
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When and where will the Court decide whether to approve the Settlement and Attorneys' Fees? (top) |
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The Court has scheduled a Hearing for 10:30 a.m. on March 20, 2006 before David R. Donnersberger, in Room 2308 of the Richard J. Daley Center, 50 West Washington Street, Chicago, Illinois 60604. At this Hearing, Judge Donnersberger will consider whether the Settlement is fair, reasonable and adequate and the amount of Attorneys' Fees and costs to be awarded. If there are any objections, the Court will consider them. After the Hearing, the Court will issue its ruling. We do not know how long this process will take.
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Do I have to come to the Hearing? (top) |
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No. Plaintiffs' Counsel will answer any questions the Court may have. However, you may come, at your own expense. If you sent a written objection, you do not have to come to Court to talk about it. As long as you properly submitted your written objection, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.
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May I speak at the Hearing? (top) |
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You will not be heard unless you have submitted your comments or objections as provided in the question above entitled "If I do not like the Settlement or Object to the Attorney's Fees, how do I tell the Court?" and have stated in your submission that you wish to be heard.
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You cannot speak at the Hearing if you exclude yourself.
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What happens if I do nothing at all? (top) |
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If you take no action, your rights will be affected. If the Court approves the Settlement at the Hearing, you will be bound by the terms of the Settlement and you will be agreeing to a release of the claims which are contained in the Settlement Agreement.
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What is the Release of Claims? (top) |
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The Release of Claims in the Settlement Agreement describes the legal claims against the Defendants you give up by staying in the Class (i.e., if you do not exclude yourself as described in the question above entitled "How do I get out of the Settlement?"). The Released Claims include all claims, demands, causes of action, whether class, individual or otherwise in nature, damages whenever incurred, liabilities of any nature whatsoever, including costs, expenses, penalties and Attorneys' Fees, known or unknown, suspected or unsuspected, in law or equity, that could have been asserted against any of the Defendants or any of their related parties arising out of conduct from April 18, 1996 (with respect to Nicorette brand products) and August 2, 1996 (with respect to NicoDerm CQ brand products), until the present by any Defendant concerning the advertising, marketing, offering for sale or sale of Nicorette and/or NicoDerm CQ brand products, and which arise under any federal or state antitrust, unfair competition, unfair practices, price discrimination, unitary pricing or trade practice law, or other similar law or regulation or common law. Released Claims do not include any other claim(s) that a Plaintiff or member of the Settlement Class may have against one or more of the Defendants; for example, a personal injury or a product defect claim is not released.
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Are there more details about the Settlement? (top) |
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This Notice merely summarizes the proposed Settlement. You may click on the Other Settlement Documents section of this website for more information.
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How do I get more information about the Settlement? (top) |
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You can call 1-312-357-0372, or write to:
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Lawrence Walner, Esq.
Lawrence Walner & Associates, Ltd.
150 North Wacker Drive, Suite 2150
Chicago, Illinois 60606
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