U by Kotex Tampons Settlement Now Accepting Claims

UPDATE: On Dec. 26, 2020, Top Class Actions viewers started receiving settlement checks from the U by Kotex class action settlement worth as much as $48.45. Congratulations to everyone who filed a claim and got PAID!

A $7 million U by Kotex tampons class action settlement is now accepting claims, providing monetary benefits to consumers who purchased the products.

The settlement benefits consumers who purchased a variety of U by Kotex tampons between March 8, 2013 and Nov. 19, 2019. Products included in the settlement are U by Kotex Sleek Tampons, U by Kotex Fitness Tampons, U by Kotex Click Tampons, and U by Kotex Security Tampons in Regular, Super, or Super-Plus Absorbency.

Under the settlement, eligible consumers can collect up to $30 even if they do not have proof of purchase. However, proof of purchase in the form of receipts or other documentation could result in addition benefits for Class Members.

In order to recover these benefits, Class Members must file a valid claim form by Aug. 18, 2020.

The settlement resolves claims by plaintiffs that U by Kotex tampons are defective and prone to unravelling in the body. The named plaintiff claimed in her 2019 class action lawsuit that this defect can lead to a variety of problems such as infections, irritation, and injuries.

In some cases, if the tampon unravels after being inserted in the body, women have been forced to seek medical attention to have the pieces removed.

“The Defect renders the Products unsuitable for their principal and intended purpose, and thus the Products are worthless at the point of sale,” alleged the U by Kotex tampons class action lawsuit.

“For all of the Products that Defendant sold, the Defect is substantially likely to materialize during the useful life of the product.”

The plaintiff argued that she and other consumers were endangered by the products. The U by Kotex tampons class action lawsuit argued that women wouldn’t have purchased the products if they knew they were “unfit to perform their intended purpose and were dangerous.”

The class action lawsuit was preceded by a recall only a few months before the complaint was filing. The U by Kotex recall affected the brand’s Sleek Tampons manufactured between Oct. 7, 2016 and Oct. 16, 2018 and distributed from Oct. 17, 2016, to Oct. 23, 2018.

According to the manufacturer’s announcement, these products were affected by “a quality-related defect” that causes the products to unravel or come apart inside the body or upon removal.

The manufacturer noted that some users needed medical attention to have the tampon pieces removed from the body after experiencing the defect. The notice also detailed reports of infections, irritation, and injury, risks that were reflected in the later U by Kotex tampons class action lawsuit.

Dr. Jill Maura Rabin, a professor at the Zucker School of Medicine, has been practicing obstetrics and gynecology for 33 years but told The New York Times that she had never heard of a tampon unraveling inside the body.

“The potential is that something has fallen apart and there are many different sizes and pieces and it is going to be really hard for someone to remove it,” she said. The doctor also noted that most consumers don’t know how tampons are constructed and whether chemicals or glues in the products could harm the body.

Although the recall and the issue behind it are concerning, the manufacturer has pledged to keep their consumers safe by preventing the defect from occurring in the future.

“The safety of our consumers is our top priority,” Kimberly-Clark, the manufacturer of U by Kotex tampons, said in a Q&A online. “We are putting systems in place to prevent the occurrence of similar issues in the future.”

However, these promises did not save the company from facing legal action.

Kimberly-Clark has not admitted any wrongdoing as alleged in the class action lawsuit against them. However, the company has agreed to pay $7 million to resolve the allegations without the risks and costs of continued litigation.

The deadline to object to the settlement or opt out of the deal is July 6, 2020. The final approval hearing for the U by Kotex tampons class action settlement is July 20, 2020.

Do you qualify for this U by Kotex tampons class action lawsuit settlement? Let us know in the comments section below and don’t forget to file a claim!

Plaintiffs and settlement Class Members are represented by L. Timothy Fisher, Yeremey Krivoshey, and Blair E. Reed of Bursor & Fisher PA.

The U by Kotex Tampons Class Action Settlement is Moore v. Kimberly-Clark Worldwide Inc., Case No. 19 L 0846, in the Circuit Court for the 20th Judicial Circuit, County of St. Clair, State of Illinois.

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