$7.4M Dial Soap Settlement Approved Despite Objection

A $7.4 million Dial soap settlement has been granted final approval despite objections from the government.

On May 29, U.S. District Judge Steven J. McAuliffe gave final approval to the settlement that will resolve claims regarding Dial soap’s advertising statements of being “99.99 percent” effective at germ killing.

Judge McAuliffe’s decision was made despite objections from the federal government.

In early May, the government objected to the proposed settlement based on the attorneys’ fees included in the settlement. Of the $7.4 million, attorneys were set to collect more than half of that amount at $4.4 million.

The government argued that Class Members would only receive $2.3 million of the settlement which was not “fair, reasonable or adequate.”

“The Court should reject the call to compensate attorneys at the expense of unnamed plaintiffs for any portion of work that provides little or no actual value to the class,” the government argued in their filing. “To the extent the settlement agreement directs money away from uncompensated class members, it should not be approved.”

Despite these objections, Judge McAuliffe approved the settlement – including the $4.4 million in attorneys’ fees.

In addition to the large award for attorneys’ fees, the approved settlement includes $5,000 service awards to be given to each of the seven named plaintiffs in the Dial class action lawsuit.

The Dial hand soap class action lawsuit was consolidated into a multidistrict litigation in August 2011.

Consumers representing California, Florida, and New York claimed that Dial made false claims about their products’ ability to kill germs.

The company allegedly claims that Dial complete hand soap kills “99.99 percent” of germs and provides a 100 to 1,000 times greater ability to kill germs than that found with a traditional soap.

These claims were reportedly based on the soap’s inclusion of triclosan. However, the U.S. Food and Drug Administration (FDA) has said that the inclusion of this ingredient does not make soaps any more effective in killing germs.

Plaintiffs in the class action lawsuit allege that Dial ignores this regulatory standard and makes false claims on their labeling.

The recently approved Dial labeling settlement will benefit individuals who purchased Dial Complete soaps between Jan. 1, 2011 and Jan. 12, 2009.

These consumers will reportedly be able to collect $0.27 per package of soap. If consumers provide proof of purchase, they can receive payment for all of their soap purchases. If they do not provide proof of purchase, consumers will reportedly only be able to collect compensation for 30 soap purchases for a total of $8.10.

The deadline for filing a valid claim with the settlement passed on April 12, 2019.

The Dial customers are represented by Lucy J. Karl of Shaheen & Gordon PA.

The executive subcommittee includes Neblett Beard & Arsenault, Climaco Wilcox Peca & Garofoli Co. LPA, DiCello Levitt & Casey LLC, Levin Sedran & Berman and Holland Law Firm.

The steering committee includes Becnel Law Firm LLC, Bolen Robinson & Ellis LLP, Chaikin Law Firm PLLC, the Law Offices of David C. Crash and Shepherd Finkelman Miller & Shah LLP.

The Dial Hand Soap Labeling Class Action Lawsuit is In re: Dial Complete Marketing and Sales Practices Litigation, Case No. 1:11­-md-02263, in the U.S. District Court for the District of New Hampshire.

UPDATE: On Sept. 27, 2019, Top Class Actions viewers started receiving checks from the Dial Complete Soap class action settlement worth as much as $8.10. Congratulations to everyone who filed a valid claim and got PAID!

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