The notice explains that the Court has allowed, or “certified,” a class action lawsuit that may affect you. You have legal rights and options that you may exercise before the Court holds a trial. The trial is to decide whether the claims being made against Defendants, on your behalf, are correct. Judge Kimba Wood of the United States Court for the Southern District of New York is overseeing this class action. The lawsuit is known as de Lacour v. Colgate-Palmolive Co, Case No. 16-cv-8364-KW.

The lawsuit is about whether Defendants allegedly misrepresented the natural nature of Tom’s of Maine deodorant and toothpaste products by labeling them as “natural” when, in fact, they do contain ingredients that are not natural.

In a class action lawsuit, one or more people called “Class Representatives” (in this case, Plaintiff Anne de Lacour, Andrea Wright, and Loree Moran) sue on behalf of other people who have similar claims. The people together are a “Class” or “Class Members.” The named plaintiffs who sued – and all the Class Members like them – are called the “Plaintiffs.” The companies they sued (in this case, Colgate-Palmolive Co. and Tom’s of Maine, Inc.) are called the Defendants. One court resolves the issues for everyone in the Class – except for those people who choose to exclude themselves from the Class.

The Court certified three classes against Defendants, including: all persons who purchased Tom’s of Maine deodorant and/or toothpaste products on or after September 24, 2015 in the state of New York; all persons who purchased Tom’s of Maine deodorant and/or toothpaste products on or after September 24, 2015 in the state of California; and all persons who purchased Tom’s of Maine deodorant and/or toothpaste products on or after September 24, 2015 in the state of Florida. If you purchased Tom’s of Maine deodorant or toothpaste products in either New York, California, or Florida on or after September 24, 2015, you are a Class Member.

The Court decided that this lawsuit can be a class action against Defendants and move towards a trial because it meets the requirements of Federal Rule of Civil Procedure 23, which governs class actions in federal courts.

More information about why the Court is allowing this lawsuit to be a class action is in the Court’s Order Certifying the Class.

Plaintiffs allege that the Defendants misrepresented the natural nature of Tom’s of Maine deodorant and toothpaste products by labeling them as “natural” when, in fact, they do contain ingredients that are not natural. You can read Plaintiffs’ First Amended Complaint at Important Documents.

Defendants deny that they misrepresented the natural nature of Tom’s of Maine deodorant and toothpaste products, deny any wrongdoing, and deny the Plaintiffs’ allegations. You can read Defendants’ Answer to the First Amended Complaint at Important Documents.

The Court hasn’t decided whether the Defendants or the Plaintiffs are correct. By certifying the Class and issuing the Notice, the Court is not suggesting that the Plaintiffs will win or lose this case. The Plaintiffs must prove their claims in the litigation, including at a trial, if necessary.

The Plaintiffs are generally asking Defendants to provide a monetary recovery to the Class for damages resulting from the alleged mislabeling of the Tom’s of Maine deodorant and toothpaste products as “Natural.” Plaintiffs also seek to obtain all such other relief to which they may be entitled pursuant to New York, California, and Florida law, including, without limitation, actual, statutory, and punitive damages.

No money or benefits are available now because the Court has not yet made a decision whether Defendants did anything wrong, and the two sides have not settled the case. There is no guarantee that money or benefits ever will be obtained. If they are, you will be notified about how to ask for a share.

You don’t have to do anything now if you want to keep the possibility of getting money or benefits from this lawsuit. By doing nothing, you are staying in the Class. If you stay in and the Class is awarded money or benefits, either as a result of the trial or a settlement, you will be notified about how to apply for a share (or how to ask to be excluded from any settlement).

Keep in mind that if you do nothing now, regardless of whether the Class Representatives wins or loses the trial, you will not be able to separately sue, or continue to sue, Defendants – as part of any other lawsuit – for the same legal claims that are the subject of this lawsuit. You will also be legally bound by all of the Orders the Court makes in this class action.

If you exclude yourself from the Class – which is sometimes called “opting-out” of the Class – you won’t get any money or benefits from this lawsuit even if the Plaintiffs obtain them as a result of the trial or from any settlement (that may or may not be reached) between Defendants and Plaintiffs. However, you may then be able to separately sue or continue to sue Defendants for the legal claims that are the subject of this lawsuit. If you exclude yourself, you will not be legally bound by the Court’s judgments in this class action.

If you bring your own lawsuit against Defendants after you exclude yourself, you will have to hire and pay your own lawyer for that lawsuit, and you will have to prove your claims. If you do exclude yourself so you can start or continue your own lawsuit against Defendants, you should talk to your own lawyer soon, because your claims may be subject to a statute of limitations.

To exclude yourself from the Class, you must send a written request for exclusion that is received no later than January 13, 2022 to:

Tom’s of Maine Litigation
c/o JND Legal Administration
Po Box 91398
Seattle, WA 98111

Your request for exclusion must contain: (1) the name of this lawsuit, de Lacour v. Colgate-Palmolive Co, Case No. 16-cv-8364-KW; (2) your full name and current address; (3) a clear statement of intention to exclude yourself such as “I wish to be excluded from the Class”; and (4) your signature.

The Court appointed Bursor & Fisher, P.A. to represent the Plaintiffs and all Class Members as “Class Counsel.” More information about this law firm, its practices, and its lawyers’ experience is available at www.bursor.com.

If you choose to remain in the Class, you do not need to hire your own lawyer because Class Counsel are working on your behalf. But, if you want your own lawyer, you will be responsible for paying that lawyer. For example, you can ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for you.

If Class Counsel get money or benefits for the Class, they may ask the Court for fees and expenses. You will not have to pay these fees and expenses. If the Court grants Class Counsel’s request, the fees and expenses would be either deducted from any money obtained for the Class or paid separately by Defendants.

As long as the case isn’t resolved by a settlement or otherwise, Class Counsel will have to prove the Plaintiffs’ claims in this litigation, including at a trial if necessary. There is no guarantee that the Plaintiffs will win, or that they will get any money for the Class. The trial date has not yet been determined.

You do not need to attend the trial. Class Counsel will present the case for the Class members, and Defendants will present the defenses. You are welcome to come at your own expense. If you wish to participate in the trial, you should contact Class Counsel.

If the Class obtains money or benefits as a result of the trial or a settlement, you will be notified about how to participate. We do not know how long this will take.

You can find the Court’s Order Certifying the Class, the Plaintiffs’ First Amended Complaint, and Defendants’ Answer at Important Documents.

You may also contact Class Counsel by email at info@bursor.com, or by writing to:

Tom’s of Maine Litigation
c/o JND Legal Administration
Po Box 91398
Seattle, WA 98111