Who is a Class Member
Class members of the Bisco Unsolicited Fax Advertisements TCPA Settlement includes “all persons in the United States who:
(a) purchased or acquired (including by gift) Recalled Baby Wipes on October 25, 2013 and through to October 25, 2014 for or on behalf of themselves or a third party or minor child over whom they have custody and control as a caregiver, parent or guardian, or to be given as a gift to another Person
(b) are the parent or guardian of a minor child who purchased or acquired (including by gift) Recalled Baby Wipes on October 25, 2013 and through to October 25, 2014; or
(c) was exposed to the Recalled Baby Wipes purchased between October 25, 2013 and through to October 25, 2014 whereby such exposure resulted in a Qualifying Symptom, including any Guardian, Executor, Administrator or other representative of any Person exposed to the Recalled Baby Wipes whereby such exposure resulted in a Qualifying Symptom*.”
The Nutek recalled baby wipes were sold under the the following brand names:
- Member’s Mark
- Simply Right
- Sunny Smiles
- Tender Touch
- Well Beginnings
- Femtex brand feminine wipes
*Qualifying Symptom means any one or more of the following symptoms or conditions, including any associated emotional distress or mental anguish, caused by Burkholderia cepacia from the use of, or exposure to, the Nutek Recalled Baby Wipes:
- skin infections or irritation including dermatitis, folliculitis, rash, abscess, or boil caused by Burkholderia cepacia
- bacterial genitourinary tract infections caused by Burkholderia cepacia
- recovery of Burkholderia cepacia from any location on a Settlement Class Member’s body where he or she experienced an infection from the use of, or exposure to, the Nutek Recalled Baby Wipes
- pneumonia or bacteremia in persons with a primary or secondary immunodeficiency disorder or who have a chronic lung disease such as cystic fibrosis, bronchiectasis or chronic granulomatous disease where the condition is caused by Burkholderia cepacia.
If you don’t qualify for this settlement, check out our database of other class action settlementsyou may be eligible for.
- Up to $8,000
There are three categories of claims:
- Claims Category 1: Any person who purchased or acquired Recalled Baby Wipes may file one or more claims under Claims Category 1 to potentially receive a combined maximum payment of up to $9.00.
- Claims Category 2: Any person who suffered bodily injury or Qualifying Symptoms of a de minimis (meaning minor or insignificant) nature as a result of their use of the Recalled Baby Wipes may file a Claim under Claims Category 2 to potentially receive a payment of up to $15.00.
- Claims Category 3: Any person who suffered Qualifying Symptoms of a transitory nature as a result of their use of the Recalled Baby Wipes may file a Claim under Claims Category 3 to potentially receive a payment of up to $750.00. Persons who suffered Qualifying Symptoms of a non-transitory nature may file a Claim under Claims Category 3 to potentially receive a payment of up to $8,000.00.
In the event that Settlement Class Members file valid Claims seeking relief exceeding the maximum amount allocated to one or more Claims Categories, payments may be made on a pro rata basis up to the maximum amount as specified in the Settlement Agreement.
Proof of Purchase
- To qualify for payment under any of the three Claims Categories, Settlement Class Members must complete and submit the appropriate claim form, along with any required supporting documents, described in FAQ 13 on the Nutek Recalled Baby Wipes Settlement website.
Nutek Recalled Baby Wipes Settlement Notes
- Jones, et al. v. Wal-Mart Stores, Inc. et al.
- Case No. 14-cv-6305
- Pending in the U.S. District Court for the Eastern District of New York
In 2014, Nutek initiated a nationwide voluntary recall of certain baby wipes products after learning the recalled baby wipes may have been contaminated with the bacteria, Burkholderia cepacia. Burkholderia cepacia can reportedly cause skin infections or irritation, bacterial genitourinary tract infections, or other symptoms.
Following the announcement of the recall, eight putative class action lawsuits were filed against Nutek and retailers of the recalled baby wipes, including Wal-Mart, Family Dollar Stores, and Walgreens. The lawsuits allege that the Nutek recalled baby wipes posed danger to infants and also medical risk to people with weakened immune systems or chronic lung disease, particularly cystic fibrosis. According to the complaints, the defendants failed to “adequately monitor the manufacture and design of the products, and allowed the hazardous products to be sold in the United States.”
All defendants deny the allegations and any wrongdoing but have agreed to a Stipulation of Class Action Settlement in order to avoid the cost of further litigation. The Stipulation of Class Action Settlement was preliminarily approved on June 15, 2017.
The Frequently Asked Questions section on the settlement website further summarizes the terms of the settlement and how Class Members can file a claim. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available on the Nutek Recalled Baby Wipes Settlement website.
Class members who wish to exclude themselves or object to the terms of the Nutek Recalled Baby Wipes Settlement must do so by January 29, 2018. Class members who wish to submit a claim for payment must do so by January 29, 2018.
- 1/29/18: Claim Filing Deadline
- 1/29/18: Objection or Exclusion Deadline
- 2/28/18: Final Approval Hearing at 11:00 am ET* (class members do not need to attend this hearing in order to receive a slice of the settlement pie).
*Settlement Class Members who wish to speak at the hearing should check Nutek Recalled Baby Wipes Settlement website to confirm that the date or time of the Hearing has not been changed.
- Mail: Recalled Baby Wipes Settlement Administration, c/o Dahl Administration, PO Box 3614, Minneapolis, MN 55403-0614
- Phone: 1-888-218-0349
- Email: firstname.lastname@example.org