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Feb. 20, 2013 /PRNewswire/ -- The following statement is being issued by the Law Offices of
Ronald A. Marron, APLC pursuant to an order of the United States District Court for the Southern District of
CONSUMER CLASS ACTION SETTLEMENT REACHED WITH HUMPHREYS PHARMACAL, INCORPORATED AND DICKINSON BRANDS INC.
A settlement has been reached in a proposed nationwide consumer class action lawsuit filed in the Southern District of
San Diego entitled
Nigh v. Humphreys Pharmacal, Incorporated and Dickinson Brands Inc. The plaintiff,
Melissa Nigh, is represented by the Law Offices of
Ronald A. Marron, APLC. Humphreys and Dickinson are represented by the law firms of Robinson & Cole LLP and Sheppard, Mullin, Richter & Hampton LLP.
The proposed settlement is subject to court approval and would provide for a fund of
$1.4 million to which claims for rebates may be submitted for purchases since
June 20, 2008 of any of Humphreys products labeled as homeopathic, including Arthritis Relief, Bedwetting Pellets, Cold Relief, Colic Pellets, Cough Control, Insomnia Relief, Simple Diarrhea, Simple Fever, Simple Nervous Conditions, Symptoms of Delayed Menses, Teething Pellets, and Teething Strips.
In the lawsuit, Ms. Nigh claims that Humphreys made misleading and confusing claims about the efficacy and ingredients of its homeopathic products. Ms. Nigh and Humphreys, through their counsel, engaged in lengthy negotiations, including formal mediation, to arrive at settlement terms that will address Ms. Nigh's claims. Those terms include adding disclaimers on the products' packaging that state: "These 'Uses' have not been evaluated by the Food and Drug Administration," and "'X' is a homeopathic dilution. For more information, see
www.HumphreysClassActionSettlement.com," which will refer customers to a designated Humphreys website for details. These disclaimers and other measures will be made a formal part of the settlement upon court approval. In addition, as a part of the settlement, Humphreys has agreed not to label its homeopathic products as "natural" or "all natural" if they contain synthetic ingredients, and not to claim "no animal ingredients" on products containing, for example, extremely small quantities of derivatives of cuttlefish and certain beetles as ingredients.
Humphreys and Ms. Nigh believe that these measures, including revision of Humphreys' Products' labels, will help consumers have necessary information about Humphreys' products and how homeopathic products work in general.