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Gerber Childrenswear LLC has reached a class action lawsuit settlement resolving allegations it sold children’s clothing with chemicals that caused skin irritation. If you purchased Gerber apparel products manufactured by Jay Jay Mills and Kitex from 2005 to 2009, you may be eligible to claim a reimbursement under the class action settlement.
The Gerber Childrenswear settlement will resolve a 2009 class action lawsuit (Montanez v. Gerber Childrenswear, LLC) that claims Gerber sold certain children’s clothing with tagless labels that allegedly contained excessive amounts of chemicals that could possibly cause skin irritation. Gerber Childrenswear denies those allegations, but has reached a class action settlement to resolve the litigation.
A federal court preliminarily approved the Gerber Childrenswear class action settlement in April. A Final Fairness Hearing is set for October 7, 2013.
Class Members of the Gerber Childrenswear settlement include anyone who purchased at retail new Gerber apparel products in the United States containing tagless labels on garments manufactured by:
- Jay Jay Mills (India) with “M/S Gokul” labels from October 1, 2005 to August 2008;
- Jay Jay Mills (India) with redesigned “phthalate free” Gokul labels from August 2008 through September 30, 2009; and
- Kitex from October 1, 2005 through May 20, 2009.
You can determine if your product was manufactured by Jay Jay Mills or Kitex here.
If you no longer have the garment, but know that you purchased tagless clothes saying made in “India” between 2005 and 2009, you can apply for a voucher for 10% off Gerber clothing (or 15% if you paid to treat a rash or irritation caused by the label).
If you still have the garment, you may file a claim to receive a number of benefits from the class action lawsuit settlement, including a reimbursement of the purchase price of the item, a replacement garment and out-of-pocket costs you paid to treat skin irritation caused by the Gerber garment.
The only way to receive these benefits is to submit a valid Claim Form and any supporting proof to the Settlement Administrator no later than September 16, 2013.
Claim Forms and more information on your rights in the Gerber Childrenswear Class Action Lawsuit Settlement can be found at www.GCWSettlement.com.
The case is Montanez v. Gerber Childrenswear, LLC, Case No. 9-cv-07420-DSF (DTBx), U.S. District Court, Central District of California.
How to File a Claim for the Gerber Childrenswear Class Action Lawsuit Settlement
Website of the Class Action Lawsuit Settlement Administrator: www.GCWSettlement.com
Address to submit a claim form (REQUIRED):
To receive benefits from the Gerber Childrenswear class action lawsuit settlement, you must submit a valid Claim Form and supporting documents and garments (if you have them) either online at www.GCWSettlement.com or to the following address no later than September 16, 2013:
Montanez v. Gerber Childrenswear Class Litigation Administrator
c/o KCC Class Action Services
2335 Alaska Ave.
El Segundo, CA 90245
Phone Number to call for assistance: 855-373-0814
Purchased Between: 2005 and 2009
Claims must be postmarked by: 9/16/13
Settlement Administrator: Kurtzman Carson Consultants LLC
J. Gerard Stranch, IV
BRANSTETTER STRANCH & JENNINGS PLLC
John G. Emerson
EMERSON POYNTER LLP
Alan M. Mansfield
THE CONSUMER LAW GROUP
William S. Brown
D. Brad Rustin
NELSON MULLINS RILEY & SCARBOROUGH, LLP
UPDATE: Money from the Gerber Childrenswear class action settlement went out in mid-August 2014, according to Top Class Actions viewers. Congratulations to everyone who submitted a valid claim and got PAID!
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Categorized in: Closed Settlements