Gov. Opposes Dial Complete Soap Class Action Settlement

According to a recent interjection by the U.S. Department of Justice, the $7.4 million Dial Complete Soap class action settlement should be rejected because of hefty attorneys’ fees and little gain for Class Members.

U.S. Assistant Attorney General Joseph H. Hunt urged the court to examine the massive settlement that includes more than $4 million in attorneys’ fees and costs.

The proposed settlement, says the representative of the DOJ, would only provide a maximum of $8.10 for each Class Member who cannot provide proof of purchase.

“The proposed settlement contemplates hefty, uncontested attorney’s fees based in part on obtaining forward-looking injunctive relief of illusory value,” states the government’s Statement of Interest in the Dial settlement.

“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. To the extent the settlement agreement directs money away from uncompensated class members, it should not be approved.”

The Dial Complete Soap class action lawsuit alleged that consumers were duped into thinking the antibacterial soap was more beneficial than other types of hand soap.

The complaints, which were consolidated into multidistrict litigation in 2011, alleged that the products’ packaging misled consumers into thinking the soap was better than other, ordinary soaps.

Dial Complete soap was made with triclosan and was touted as “#1 Doctor Recommended” and that it “Kills 99.99% of Germs.” Triclosan is a substance originally created for surgical settings. Companies started putting it in commercially available products, but it has reportedly been banned in other countries because of its link to cancer.

In 2010, the U.S. Food and Drug Administration issued a statement clarifying that antibacterial soaps containing triclosan do not confer any added health benefit over ordinary soaps.

In 2017, the Dial Corporation agreed to settle the class action lawsuit. Under the terms of the settlement, Dial agreed to pay Class Members $0.27 per package –with proof of purchase. Class Members unable to provide proof of purchase are limited to claims for up to 30 packages.

Class Members include consumers nationwide who purchased Dial Complete Foaming Liquid Hand Soap between Jan. 1, 2001 and Jan. 2, 2019.

Dial along with representatives for the plaintiffs say that the class action settlement provides relief worth up to $25 million to future consumers; under the terms of the settlement, Dial will be barred from touting that their soap “Kills 99.9% of Germs” and has agreed to remove triclosan from its products.

However, the government’s objection points out that the company already stopped using that statement to advertise Dial Complete Soap.

In addition, say government representatives, Dial has stopped using triclosan in its soap.

The plaintiffs and Class Members 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 Complete Antibacterial Foaming Hand Soap Class Action Lawsuit is In re: Dial Complete Marketing and Sales Practices Litigation, MDL No. 2263, in the U.S. District Court for the District of New Hampshire.

UPDATE: On May 29, 2019, the $7.4 million Dial soap settlement was granted final approval despite objections from the government.

UPDATE 2: 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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