Product Liability & Toxics Law News

Dial $7.4M Antibacterial Soap Deal Gets Early Nod

Jan. 4, 2019, 3:25 PM

Dial Corp. and consumers who allege the company deceptively marketed antibacterial soap gained tentative approval of a $7.4 million nationwide class settlement.

The U.S. District Court for the District of New Hampshire preliminarily green-lighted the deal and set a fairness hearing for May 29.

Plaintiffs allege in their 2010 suits that Dial overstated the germ-killing properties of Dial Complete soap, which contained the antimicrobial triclosan.

The German chemical company Henkel AG & Co. KGaA acquired Dial in 2004.

The court certified Arkansas, California, Florida, Illinois, Missouri, and Ohio statewide classes in 2017.

The settlement covers all persons in the U.S. who bought Dial Complete after Jan. 1, 2001, the start of the alleged misleading marketing campaign.

Class members may receive 27 cents per bottle, up to a maximum of 30 bottles, without proof of purchase.

Those who provide receipts are eligible for compensation for all bottles bought.

Any money remaining in the settlement fund will be distributed to either the Children’s Health Fund or the Ronald McDonald House charities.

Dial and other manufacturers voluntarily removed triclosan from their products following a 2013 proposed rule to ban the chemical. The Food and Drug Administration banned Triclosan and other antimicrobials in 2016.

Dial also made some label changes while the litigation was pending. For example, it revised a “Kills 99.99 percent of Germs” assertion to state that Dial Complete “Kills 99.99 percent of Bacteria.”

Holland Groves Schneller Stolze LLC and Shaheen & Gordon represent the plaintiffs.

Kirkland & Ellis and others represented Dial.

The case is In re Dial Complete Mktg. and Sales Prac. Litig., D.N.H., No. 11-2263, 1/2/19.

To contact the reporter on this story: Julie Steinberg in Washington at jsteinberg@bloomberglaw.com

To contact the editors responsible for this story: Jo-el J. Meyer at jmeyer@bloomberglaw.com; Steven Patrick at spatrick@bloomberglaw.com

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