Gordon v. Hain Celestial
www.GordonSettlement.com

Frequently Asked Questions

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1. WHAT IS THE LAWSUIT ABOUT?

The Court in charge of this case is the United States District Court for the Southern District of New York, and the case is styled Gordon v. Hain Celestial, et al., Case No. 16-CV-06526-KBF (the “Lawsuit”). The Lawsuit alleges that Hain Celestial and Jason Natural Products falsely advertised that JASON Natural Product Long & Strong Jojoba Pure Natural Shampoo, JASON Volumizing Lavender Shampoo, JASON Normalizing Tea Tree Treatment Shampoo, JASON Dandruff Relief 2 in 1 Treatment Shampoo & Conditioner, and JASON Smoothing Coconut Body Wash (the “Products”) did not contain the chemical sodium lauryl sulfate (“SLS”). Hain Celestial and Jason Natural Products deny that they did anything wrong and stand by their Products. The Court has not ruled on the merits of Plaintiff’s allegations against Hain Celestial and Jason Natural Products or their defenses. Instead, the Parties have agreed to a settlement, without fault or liability. That way, the Parties avoid the costs and risk of a trial, and they ensure that the Settlement Class will get compensation. Plaintiff Gordon (the “Settlement Class Representative”) and Plaintiff’s attorneys (“Class Counsel”) believe that the Settlement is in the best interests of the Settlement Class Members. The Court will evaluate the Settlement to determine whether it is fair, reasonable, and adequate before it approves the Settlement.

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2. WHAT IS A CLASS ACTION LAWSUIT?

A class action is a lawsuit in which one or more individuals sue an individual(s), company or other entity on behalf of all other people who are in a similar position. Collectively, these people are referred to as a “Class” or “Class Members.” In a class action, the court resolves certain legal issues, legal claims and defenses for all class members in one lawsuit, except for those who ask to be excluded from the class. (See below for more information about excluding yourself from the Class.)

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3. WHAT DOES THE SETTLEMENT PROVIDE?

In exchange for a dismissal of the Lawsuit and release of claims against Hain Celestial and Jason Natural Products as detailed in the Stipulation of Settlement, Hain Celestial and Jason Natural Products have agreed to create a fund of $1.1 million (the “Settlement Fund”). After deducting costs for notice and administration, attorneys’ fees and expenses, and an incentive award to the Settlement Class Representative, the Settlement Fund will be distributed to Settlement Class Members who submit a timely and valid Claim Form. For details on the allocation of the Settlement Fund see “How Will Payment Amounts Be Calculated?” below or the Stipulation of Settlement, which is available at www.GordonSettlement.com.

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4. WHAT DO I NEED TO DO TO RECEIVE A PAYMENT FROM THE SETTLEMENT?

To share in the benefits of the Settlement, you must complete, sign, and submit the Claim Form. Each Settlement Class Member that submits a valid and timely Claim Form is eligible to receive a cash payment.

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5. HOW WILL PAYMENT AMOUNTS BE CALCULATED?

Settlement Class Members who have Proof of Purchase, which includes a receipt or product packaging among other items, may seek reimbursement of $8.00 per item purchased, up to a maximum recovery of $40.00. Settlement Class Members who do not have Proof of Purchase may seek reimbursement of $2.00 per item purchased, up to a maximum recovery of $10.00. If the total of valid claims is less than the amount of money available to pay them, then valid claims will be increased pro rata up to the Pro Rata Minimum Remainder Settlement Funds. If the total of valid claims exceeds the amount of money available to pay them, then each award will be reduced pro rata.

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6. HOW DO I SUBMIT A CLAIM FORM?

You have two options for submitting a claim form:

  • Online: You can submit a Claim Form online by visiting the Claim Form tab.
  • By Mail: You can print and fill out the Claim Form or request that the Settlement Administrator mail you a Claim Form, and then mail your completed Claim Form (with postage) to:

Gordon v Hain Settlement
C/o GCG
PO Box 10439
Dublin, OH 43017-4039

Online Claim Forms must be submitted by September 18, 2017. Claim Forms submitted by mail must be postmarked by September 18, 2017. You may request a Claim Form online or by calling 1-855-474-3859.

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7. WHEN WOULD I GET A PAYMENT?

The Court will hold a Settlement Hearing on September 22, 2017. If the Court approves the Settlement, there may be a period when appeals are filed. Once any appeals are resolved or if no appeals are filed, it will be possible to distribute the funds. This may take several months to more than a year, if an appeal is involved.

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8. HOW DO I KNOW IF I AM PART OF THE SETTLEMENT?

You are a member of the Settlement Class if you purchased any of the Products, i.e. JASON Natural Product Long & Strong Jojoba Pure Natural Shampoo, JASON Volumizing Lavender Shampoo, JASON Normalizing Tea Tree Treatment Shampoo, JASON Dandruff Relief 2 in 1 Treatment Shampoo & Conditioner, and JASON Smoothing Coconut Body Wash in the United States, between August 17, 2011 and June 2, 2017. Excluded from the Settlement Class are Hain Celestial’s and Jason Natural Products’ officers, directors and employees, and those who purchased these Jason Natural products for the purpose of resale.

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9. DO I HAVE A LAWYER REPRESENTING ME?

The Court has appointed lawyers to represent the Settlement Class Members in the Lawsuit. They are called “Class Counsel.” The lawyers appointed Class Counsel are Allen Carney and David Slade of Carney Bates & Pulliam, PLLC, 519 W. 7th Street, Little Rock, Arkansas 72201. You won’t be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

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10. HOW WILL CLASS COUNSEL BE PAID?

Class Counsel has requested the Court to award attorneys’ fees and expenses of up to $200,000. The attorneys’ fees and expenses awarded by the Court will be paid out of the Settlement Fund. Class Counsel has also requested the Court to award a $5,000 incentive award to the Settlement Class Representative to compensate her for her commitment and efforts on behalf of the Settlement Class Members. The incentive award will also be paid out of the Settlement Fund. Class Counsel’s application for attorneys’ fees and expenses and an incentive award is available on the Court Documents tab of this Settlement Website.

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11. HOW DO I EXCLUDE MYSELF FROM THE SETTLEMENT?

You have the right not to be part of the Lawsuit by excluding yourself or “opting out” of the Settlement Class. If you wished to exclude yourself, you must have sent a letter or postcard, postmarked no later than August 14, 2017, to Gordon v Hain Settlement Administrator, PO Box 10439, Dublin, OH 43017-4039. Your letter must have requested exclusion from the Settlement Class and must have been signed by you. You must have included your full name, address, and telephone number. If you did not include the required information or submit your request for exclusion on time, you will remain a Settlement Class Member and be bound by the Settlement and Final Judgment and Order. If you excluded yourself from the Settlement Class, you gave up your right to receive any money from the Settlement, and you will not be bound by the Settlement or Final Judgment and Order, and you will not be barred from pursuing any individual claim you may otherwise have relating to the subject matter of the Lawsuit. If you didn't exclude yourself from the settlement you will remain a Class Member, and will be eligible to receive benefits if the settlement is approved and you timely submit your Claim Form.

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12. HOW DO I OBJECT TO THE SETTLEMENT?

To do so, you must have submitted your objection in writing to the Court. Your objection must have included: (1) your full name, address, and telephone number; (2) your signature; (3) the reasons why you object; and (4) the case name and number of this Lawsuit, which is Gordon v. Hain Celestial, Case No. 16-CV-06526-KBF. If you are represented by a lawyer, your objection must also have included the name, address, bar number, and telephone number of that lawyer. In addition to the foregoing, if you intend to appear at the Settlement Hearing, your objection should also have included: (1) a statement of your intent to appear, either in person or through counsel; (2) a list of any and all witnesses whom you may call at the Settlement Hearing, with the address of each witness and a summary of his or her proposed testimony; and (3) a detailed description of any and all evidence you may offer at the Settlement Hearing, including photocopies of any and all exhibits which you may introduce at the Settlement Hearing. You must have filed your written objection with the Court no later than August 14, 2017, at Clerk of the Court, United States District Court for the Southern District of New York, 500 Pearl Street, New York, New York 10007. You must also have sent a copy of your objection to Class Counsel and Hain Celestial’s and Jason Natural Products’ Counsel at: Allen Carney and David Slade of Carney Bates & Pulliam, PLLC, 519 W. 7th Street, Little Rock, Arkansas 72201; and Dean N. Panos, Jenner & Block LLP, 353 N. Clark Street, Chicago, Illinois 60654. All objections must have been received by the attorneys for the parties and by the Court by August 14, 2017, or your objection will not be considered.

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13. WHAT HAPPENS IF I DO NOTHING AT ALL?

If you do nothing and the Court grants final approval of the proposed Settlement, you will be included in the Settlement and be bound by the release of claims in the Settlement and will be giving up your rights to be part of any other lawsuit or make any other claims against Hain Celestial and Jason Natural Products about the issues raised in this Lawsuit. The Stipulation of Settlement, available on the Court Document tab of the website, describes all of the claims you will release.

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14. WHEN IS THE SETTLEMENT HEARING?

The Court has scheduled a Settlement Hearing at 9:00AM EST on September 22, 2017, in the United States District Court of the Southern District of New York, 500 Pearl Street, New York, New York 10007 in the Courtroom of the Honorable Katherine B. Forrest. The hearing may be moved to a different date or time without notice, so check for updates on this website. At this hearing, the Court will consider whether the proposed Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will also consider Class Counsel’s application for attorneys’ fees and expenses and for an incentive award to the Settlement Class Representative. After the hearing, the Court will decide whether to grant final approval of the Settlement. We do not know how long these decisions will take. Complete copies of the pleadings and other documents filed in this Litigation may be examined and copied during regular office hours at the Clerk of the Court, United States District Court of the Southern District of New York, 500 Pearl Street, New York, New York 10007. The Stipulation of Settlement, Claim Form and other information are also available on this website. If you have any further questions, please visit the Notice or Court Documents tabs on this website or call 1-855-474-3859.

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