SINUS BUSTERS SETTLEMENT WEBSITE
Sinus Buster Products Consumer Litigation,
Civil Action No. 12-CV-2429 (ADS)(AKT) (E.D. New York)
If You Purchased Sinus Buster Products,
You May Benefit From A Proposed Class Action Settlement
If you purchased Sinus Buster Products on or after March 7, 2012 and before February 20, 2014, this Notice is to inform you of a proposed class action settlement that could affect your legal rights.
In Re: Sinus Buster Consumer Products Litigation, Case No.: 1:12-cv-2429-ADS-AKT
What Is This Notice About?
A class action lawsuit is pending in the United States District Court, Eastern District of New York (the “Action”) that may affect your rights. The Action alleges violations of consumer protection and warranty laws, and claims that Hi-Tech Pharmacal Co., Inc. (“Hi-Tech”) misrepresented the efficacy of a group of over-the-counter drugs sold as Sinus Buster Products. Hi-Tech denies these allegations. The Court did not rule in favor of Plaintiffs or Hi-Tech. Instead, the parties agreed to a proposed settlement in order to avoid the expense and risks of continuing the lawsuit.
Am I A Member Of The Class?
The class is defined as all persons in the United States who purchased Sinus Buster Products, including:
Sinus Buster, Sinus Buster Mild, Sinus Buster Anti-Cold Formula, Cold Buster, Allergy Buster, Sinus Buster Allergy Formula, Headache Buster, Sinus Buster Headache Formula (“Affected Products”) on or after March 7, 2012 and before February 20, 2014. In order to determine whether you purchased one of the Affected Products, you need to request a copy of the full notice from RG2 at 1-866-742-4955 or view it on this website. Excluded from the class are: (a) Hi-Tech or its affiliates; (b) retailers, wholesalers, and other middlemen who purchased the Affected Products for commercial use or resale; (c) persons who timely and validly exclude themselves from the Class; (d) state and federal governmental entities; and (e) the judge to whom this case is assigned and any member of the judge’s immediate family.
What Does The Settlement Provide?
Subject to Court approval, the parties have agreed to a settlement (“Settlement”) under which you may be entitled to receive a cash payment as set forth below.
What Benefits Could I Receive?
If the Settlement is approved by the Court, Hi-Tech will provide members of the Class with a monetary refund for the Affected Products they purchased. For Settlement Class Members who submit a Proof of Purchase with their Claim Forms, Hi-Tech will issue a full monetary refund of the actual purchase price of the Affected Products purchased. For Settlement Class Members without Proof of Purchase, Hi-Tech will refund five dollars ($5.00) for each Affected Product up to a maximum of two Affected Products.
What Are My Rights?
1. You Can Accept the Settlement. If you wish to receive the benefits under the Settlement, you MUST fill out and submit a Claim Form by July 17, 2014. You can obtain a Claim Form by (1) calling the Claims Administrator at 1-866-742-4955, (2) mailing a written request for a Claim Form including your name and mailing address by regular mail to: Sinus Buster Settlement Administrator, RG/2 Claims Administration, P.O. Box 59479, Philadelphia, PA 19102, or (3) online at this website. If you fail to timely submit a Claim Form and do not exclude yourself from the Settlement, then you will be bound by the Settlement but will not receive any benefits of the Settlement. Each Settlement Class Member must sign the Claim Form under penalty of perjury and state that he or she has not received a refund for the Affected Product(s) indicated on the Claim Form.
2. You Can Object to the Settlement. If you believe the Settlement is unsatisfactory, you may file a written objection with the Clerk of the Court for the United States District Court for the Eastern District of New York and send copies to the following Counsel representing the Class and Hi-Tech:
Courtney E. Maccarone
Faruqi & Faruqi LLP
369 Lexington Ave., 10th Fl.
New York, NY 10017
Joseph I. Marchese
Bursor & Fisher, P.A.
888 Seventh Avenue
New York, NY 10019
Jeffrey N. Levy
Tashlik Goldwyn Crandell Levy LLP
40 Cuttermill Road
Great Neck, NY 11021
To object to the Settlement, your written objection must be postmarked no later than June 6, 2014.
3. You Can “Opt Out” of the Settlement. If you do not wish to participate in this settlement, you must provide written notice so indicating. Such notice shall include your name, current address, and a statement that you want to be excluded from the lawsuit In Re: Sinus Buster Products Consumer Litigation, Case No.: 1:12-cv-2429-ADS-AKT. Such notice must be postmarked no later than June 6, 2014. Your written notice should be sent to Sinus Buster Settlement Administrator, RG/2 Claims Administration, P.O. Box 59479, Philadelphia, PA 19102. Please be advised that if you request exclusion from or “opt out” of the settlement, you will not receive any benefits under the settlement and will be responsible for any attorneys’ fees and costs you incur if you choose to pursue your own lawsuit.
The Fairness Hearing
On June 27, 2014, at 9:00 a.m., the Court will hold a hearing in the United States District Court for the Eastern District of New York to determine: (1) whether the proposed Settlement is fair, reasonable and adequate and should receive final approval; and (2) whether the application for Plaintiffs’ attorneys’ fees and expenses should be granted. Objections to the proposed Settlement by Class Members will be considered by the Court, but only if such objections are filed in writing with the Court and sent to Plaintiffs’ and Hi-Tech’s counsel by June 6, 2014 as explained above. Class Members who support the proposed Settlement do not need to appear at the hearing or take any other action to indicate their approval.
You may seek the advice and guidance of your own attorney if you desire, and you may hire your own attorney to appear in court for you in this Action at your own expense. If you would like a detailed notice, you can get one by e-mailing firstname.lastname@example.org, by downloading one from http://www.rg2claims.com/sinusbusters.html, by writing to Sinus Buster Settlement Administrator, RG/2 Claims Administration, P.O. Box 59479, Philadelphia,
PA 19102, or by calling 1-866-742-4955. A copy of the settlement agreement is available at http://www.rg2claims.com/sinusbusters.html, or may be obtained by examining the publicly available court records. You can also visit http://www.rg2claims.com/sinusbusters.html if you have any questions about this settlement. Please do not contact the Court or Clerk for information.
By order of the United States District Court for the Eastern District of New York