Judge gives initial approval to $1.9M Fabuloso settlement

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Update:

• A New York federal judge preliminarily approved a $1.93 million Colgate-Palmolive settlement.
• U.S. District Judge Vincent L. Briccetti gave the green light to the settlement, which will resolve accusations the company sold Fabuloso cleaner potentially contaminated with species of pseudomonas bacteria.
• Plaintiffs Elizabeth Dixon, Jeannie Patora and Arnold Thomas were approved as class representatives.
• A final approval hearing for the settlement will occur at 10 a.m. on April 25, 2024.

Fabuloso recall class action overview: 

• Who: Colgate-Palmolive has been hit with a class action lawsuit over its Fabuloso products.
• Why: The plaintiff says the company did not advise consumers that the products could be contaminated with a harmful bacteria.
• Where: The Fabuloso recall class action was filed in a New York federal court.

(Feb. 15, 2023)

Colgate-Palmolive has been hit with a class action lawsuit just days after it announced a nationwide recall of Fabuloso cleaning products. 

Plaintiff Jeannie Patora filed the class action lawsuit against Colgate-Palmolive Co. on Feb. 9 in a New York federal court, alleging violations of state and federal consumer laws. 

The lawsuit seeks to remedy the “deceptive and misleading business practices” of the company with respect to its Fabuloso cleaning products, it says.

According to the lawsuit, Colgate-Palmolive broke the law by omitting on its packaging that using certain Fabuloso products could increase their risk of contracting invasive infections, due to the contamination.

On Feb. 8, Colgate-Palmolive issued a recall on millions of Fabuloso multipurpose cleaning products as they may contain pseudomonas species bacteria that can cause serious infections. 

The recall applies to about 4.9 million units of the products in the United States. People with weakened immune systems, external medical devices or underlying lung conditions who are exposed to the bacteria face a risk of serious infection that may require medical treatment, the recall stated, adding that the bacteria can enter the body through the nose, eyes or a break in the skin. 

The company offered a full refund; however, the consumer lawsuit is seeking damages on top of the cost of the product.

Sale of contaminated Fabuloso products was ‘egregious,’ lawsuit states

The fact that the products contained harmful bacteria “is egregious,” Patora says, especially because people are “spreading this bacteria all over their homes by using a product that is supposed to clean their home.”

As a result, the product was not worth customers’ money, the lawsuit states.

Patora seeks to represent anyone who bought a recalled Fabuloso product nationwide, plus a New York subclass. 

She is suing for violations of New York General Business law and federal warranty law and seeks certification of the class action, damages, fees, costs and a jury trial.

Were you affected by the Fabuloso recall? Let us know in the comments. 

The plaintiff is represented by The Sultzer Law Group and Milberg Coleman Bryson Phillips Grossman PLLC.
The Fabulous class action lawsuit is Jeannie Patora, et al. v. Colgate-Palmolive Co., Case No. 7:23-cv-01118, in the U.S. District Court for the Southern District of New York.

Read About More Class Action Lawsuits & Class Action Settlements:

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