Align Probiotic Class Action Settlement

Legal Notice

Have you purchased and used Align® probiotic supplements, but received no digestive relief or other digestive benefit? If so, you may be entitled to a refund as part of a class action settlement.

What does this settlement involve? A settlement has been reached in a class action lawsuit against The Procter & Gamble Company (“P&G” or “Defendant”) about the advertising of P&G’s Align® probiotic supplement. P&G denies all of the claims in the lawsuit and any wrongdoing, and continues to stand behind its Align® product as an effective probiotic. The Court has not decided the dispute. Instead, the parties agreed to a settlement.

Who is included? You’re a “Settlement Class Member” if you purchased Align®, not for resale, within the United States or its territories from March 1, 2009 to June 6, 2016.

What does the settlement provide? Depending on when the purchases were made, a Settlement Class Member who submits a valid claim may receive a cash refund of up to $49.26, for up to a maximum of three Align® purchases. P&G agreed to pay up to $15 million in cash refunds. Settlement Class Members may submit a Claim Form for up to two packages of Align® purchased from March 1, 2009 through October 31, 2009 (a refund of $15.88 per package) and one package of Align® purchased from November 1, 2009 through June 6, 2016 (a refund of $17.50). Actual refund amounts may be reduced on a proportionate basis based on the total amount of refunds claimed by all Settlement Class Members. In addition, P&G will refrain from making certain advertising claims for Align®. P&G also will make Digestive Health Improvement Contributions (“DHIC”) targeted to directly benefit the Class; namely, U.S. consumers who suffer from Irritable Bowel Syndrome (“IBS”) or who regularly seek assistance and care for their digestive health. DHIC will be intellectual property, research or education grants, or product donations to research or educational institutions or programs working to improve digestive health. Initially, P&G will contribute at least $5 million in DHIC. If eligible refund claims are below $10 million, P&G will contribute additional DHIC so the total aggregate contributions to the Class (including Cash Refunds and all DHIC) will reach $15 million. If the aggregate amount of eligible refund claims exceeds $15 million, each eligible Settlement Class Member’s award shall be reduced on a pro rata basis to reach a total of $15 million and P&G will contribute, approximately dollar-for-dollar above $15,000,000, additional DHIC up to a maximum of $25,000,000 total value (including cash refunds and all DHIC) to the Settlement Class.

How do I get a payment? You must submit a valid Claim Form by May 16, 2018. Claim Forms may be submitted online at www.AlignSettlement.com, or printed from the website and mailed to the Settlement Administrator at the address on the Claim Form. Claim Forms are also available by sending an email to info@AlignSettlement.com, calling 1-866-653-4873, or by writing to the Settlement Administrator at P.O. Box 404041 Louisville, KY 40233-4041. Completed Claim Forms must be postmarked or submitted to the Settlement Administrator no later than May 16, 2018. All Claim Forms must be verified under penalty of perjury.

Your other options. If you do nothing, your rights will be affected and you will not be able to receive a cash refund payment. If you don’t want a payment and do not want to be legally bound by the settlement, you must exclude yourself by March 17, 2018. If you stay in the settlement (i.e., do not exclude yourself), you may object to it and notify the Court that you or your lawyer intend to appear at the Court’s final approval hearing. Objections are due March 17, 2018. More information, including Settlement Agreement, is available at www.AlignSettlement.com.

The Court’s hearing. The Court will hold a hearing in this case (Rikos v. The Procter & Gamble Co., No. 1:11-cv- 00226) at 10:00 a.m. on April 16, 2018 at the Potter Stewart U.S. Courthouse, Room 815, 100 East Fifth Street, Cincinnati, Ohio 45202. At the hearing, the Court will decide whether to approve the settlement, Class Counsel’s request for attorneys’ fees and expenses of up to $4,500,000, and $2,500 service awards to each of the three Class Representatives. You may appear at the hearing, but don’t have to. The hearing date may be changed by the Court. Check www.AlignSettlement.com for updates.

1-866-653-4873

www.AlignSettlement.com

Who’s Eligible

Class Members of the Align probiotic settlement include all U.S. consumers who purchased Align for personal or household use between March 1, 2009 and June 6, 2016 and did not receive digestive health benefits.

Potential Award

Up to $49.26.

Class Members are able to submit a claim for two packages of Align purchased between March 1, 2009 and Oct. 31, 2009. Each package is valued at $15.88. Consumers also have the option of submitting a claim for one package of Align bought between Nov. 1, 2009 and June 6, 2016 for a refund value of $17.50.

The settlement payout amount is 50 percent of the average retail price of Align sold during these time periods.

Proof of Purchase

None required.

Claim Form

CLICK HERE TO FILE A CLAIM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

5/16/2018

Case Name

Dino Rikos, et al. v. Procter & Gamble Co., Case No. 1:11-cv-00226, in the U.S. District Court for the Southern District of Ohio

Final Hearing

4/16/2018

UPDATE: The Align Probiotic Class Action Settlement was granted final approval on April 30, 2018.  Please note that claims will not be paid until after the claim deadline, and all claims are reviewed and processed. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

UPDATE 2: On May 24, 2018, an appeal to the Align Probiotic Class Action Settlement was filed. Claims will not be paid until all appeals are exhausted.  We appreciate your ongoing patience. Top Class Actions will continue to provide updates as we learn more.

UPDATE 3: According to the settlement website, appeals to the Align Probiotic Settlement have been resolved.  Settlement payments will be made around December 15, 2018. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

UPDATE 4: On Jan. 22, 2019, Top Class Actions viewers started receiving checks in the mail worth as much as $49.26 from the Align class action settlement. Congratulations to everyone who filed a claim and got PAID!

Settlement Website

www.AlignSettlement.com

Claims Administrator

Rikos v. The Procter & Gamble Company
Settlement Administrator: KCC, LLC
P.O. Box 404041
Louisville, KY 40233-4041
1-866-653-4873
info@AlignSettlement.com

Class Counsel

Timothy G. Blood
Thomas J. O’Reardon II
BLOOD HURST & O’REARDON LLP

Defense Counsel

D. Jeffrey Ireland
Erin E. Rhinehart
FARUKI IRELAND COX RHINEHART & DUSING PLL