New Babies ‘R’ Us Price-Fixing Class Action Settlement Awaits Approval

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Nearly 10 months after the Third Circuit Court of Appeals refused to allow a $35 million class action settlement regarding Babies “R” Us price-fixing allegations to go through, a revised settlement agreement has been submitted that could put more money in the pockets of consumers.

Originally, the Babies “R” Us baby products settlement had apportioned much more to a charitable trust under the cy pres doctrine than would eventually go to consumers who alleged that the baby supplies giant colluded with manufacturers to illegally raise the prices on baby products. The appeals court decision noted that the original district court judge might not have known that the calculations would result in only $3 million of the more than $35 million total class action settlement going to consumers, who would only receive roughly $5 per baby product covered in the class action settlement. That would have left a charitable trust of more than six times that amount, or roughly $18.5 million.

Now, consumers who submit the proper information may be able to obtain up to 20 percent of the purchase price they paid for covered products in the Babies “R” Us baby products class action settlement. Much of the remaining settlement funds will go to the remaining plaintiffs who alleged violations of the Sherman Antitrust Act. There is no longer any trust under the cy pres doctrine for charitable purposes and the attorneys’ fees will have to be re-calculated.

The class action settlement concerns buyers who purchased the following products from Toys “R” Us or Babies “R” Us in the United States during the applicable time periods:

• BabyBjörn baby carrier car seat between Feb. 2, 2000 and April 30, 2005
• Britax car seat between Jan. 1, 1999 and Jan. 31, 2011
• Maclaren stroller between Oct. 1, 1999 and Jan. 31, 2011
• Medela Pump in Style breast pump between July 1, 1999 and Jan. 31, 2011
• Peg Perego stroller between July 1, 1999 and Jan. 31, 2011
• Peg Perego high chair between July 1, 1999 and Jan. 31, 2011
• Peg Perego car seat between July 1, 1999 and Jan. 31, 2011
• Any Kids Line Product between Jan. 1, 1999 and Dec. 31, 2006

According to court documents filed Dec. 18 in support of the revised Toys “R” Us class action settlement, Class Notice will be completed by April 25, 2014 and claims must be postmarked by or received by the Claims Administrator no later than May 27, 2014. A Final Fairness Hearing would be scheduled for any day on or after June 10, 2014.

Plaintiffs are requesting that The Garden City Group Inc. be appointed as the Class Action Settlement Administrator.

Details on how to file a claim for the revised Toys “R” Us baby products class action settlement were not immediately available. To receive updates on this class action settlement, add this article to your “Favorites” by creating or signing in to your Free account. You will automatically receive an alert when this article is updated. You can also sign up for our free weekly e-newsletter for updates on this and other class action settlement news.

The consumers are represented by class action lawyers Hagens Berman Sobol Shapiro LLP; Spector, Roseman, Kodroff & Willis P.C. and by Wolf Haldenstein Adler Freeman & Herz LLC.

The Toys “R” Us, Babies “R” Us Antitrust Class Action Lawsuit case is In re: Baby Products Antitrust Litigation; Case No. 12-1165, 12-1166 and 12-1167; in the U.S. Court of Appeals for the Third Circuit.