Proposed Settlement of Class Action Lawsuit Relating to Hi-Tech Pharmacal Co.,
Inc.'s Nasal Ease Announced by CPT Group, Inc.
IRVINE, Calif., Oct. 25, 2013
IRVINE, Calif., Oct. 25, 2013 /PRNewswire/ --CPT Group, Inc. announced today
that a proposed settlement has been reached in the class action lawsuit Hoover
v. Hi-Tech Pharmacal Co., Inc., No. EDCV 13-00097-JGB-OP (the "Action"),
brought on behalf of the Class, and pending in the United States District
Court for the Central District of California, Eastern Division relating to
Hi-Tech Pharmacal Co., Inc.'s product Nasal Ease. The lawsuit claims
advertising concerning the product was misleading. The manufacturer of Nasal
Ease stands by its advertising and denies it did anything wrong.
The settlement Class includes all persons who purchased Nasal Ease in the
United States for personal use between April 1, 2010 and February 25, 2014
"Class Period," and were domiciled or resided in the U.S. at the time of
The manufacturer of Nasal Ease has agreed to pay: refunds to eligible Class
Members who submit a valid claim form; Class Counsel's attorneys' fees and
expenses in an amount not to exceed $250,000; and an incentive award to
Plaintiff for her effort in bringing the Action in an amount not to exceed
$2,500. The manufacturer has also agreed to make certain changes to the manner
in which it advertises Nasal Ease.
Class Members seeking to secure a settlement benefit must mail a completed
claim form and, if available, proof of purchase of Nasal Ease, to the Claims
Administrator at the address below by no later than February 25, 2014. Those
without a receipt must swear or affirm under penalty of perjury that they
purchased Nasal Ease during the Class Period. Those filing timely and valid
claims are eligible to receive a product refund.
Those objecting to the settlement must file a written statement with the court
and serve a copy on Class Counsel, Counsel for Defendants, and the Claims
Administrator, postmarked by February 25, 2014. Those excluding themselves
from the settlement must send a letter to the Claims Administrator, postmarked
by February 25, 2014, at the address below requesting to be excluded and
cannot receive a benefit from this Settlement. Those who do nothing will
receive no payment from the Settlement, and will be barred from filing or
participating in any lawsuit against Defendant and the Released Persons for
any of the released claims. The United States District Court for the Central
District of California, Eastern Division will hold a hearing on March 24, 2014
at 9 a.m. at the federal courthouse located at 3470 Twelfth St., Courtroom 1,
Riverside, Calif. 92501, to consider final approval of the settlement,
including payment of reasonable attorneys' fees and costs to Class Counsel
related to obtaining settlement relief, an incentive award to the named
Plaintiff, and related issues. Participating Class Members may appear at the
hearing in person or through their attorney at their own cost, but are not
required to do so.
For more information on this lawsuit, including how to file a claim, object,
or exclude yourself or to obtain a detailed notice, claim form, or other
documents, visit www.NasalEaseSettlement.com, call toll –free 1-(888)
699-8593, or write to Nasal Ease Settlement Claims Administrator, 16630 Aston,
Irvine, Calif. 92606.
SOURCE CPT Group, Inc.
Contact: Nasal Ease Settlement Claims Administrator, 16630 Aston, Irvine,
Calif. 92606, 1-(888) 699-8593
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