Frequently Asked Questions
- What is this lawsuit about?
- Why is this a class action?
- Why is there a settlement?
- How do I know if I am part of the settlement?
- What does the settlement provide?
- How can I get a payment?
- When will I receive my payment?
- What am I giving up if I stay in the Settlement Class?
- How do I exclude myself from the settlement?
- If I do not exclude myself, can I sue the Defendant or anyone else for the same thing later?
- If I exclude myself, can I get benefits from this settlement?
- Do I have a lawyer in this case?
- How will the lawyers be paid?
- How do I tell the Court that I do not like the settlement?
- What is the difference between objecting and excluding?
- When and where will the Court decide whether to approve the settlement?
- Do I have to come to the hearing?
- May I speak at the hearing?
- What happens if I do nothing at all?
- Are there more details about the settlement?
- How do I get more information?
If you purchased Sensa® prior to August 21, 2012, you have a right to know about a settlement of a class action lawsuit and your options. The Los Angeles County Superior Court of the State of California has approved the settlement.
The Court granted final approval to the settlement on November 9, 2012, and, after any appeals are resolved, an administrator appointed by the Court will distribute the benefits under the settlement. The settlement website will provide updates regarding the progress of the settlement.
This website explains the lawsuit, the settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.
This case is known as Danielle Correa and Jennifer Teeples v. Sensa Products, LLC, et al, Case No. BC476808. The persons who sued are called the Plaintiffs, and the company they sued, Sensa Products, LLC, is called the Defendant.
1. What is this lawsuit about?
This lawsuit is about the advertising for Sensa®. The Complaint alleges that Defendant did not have a sufficient scientific basis for certain of its marketing claims. Defendant disputes these allegations and contends that its marketing claims are substantiated by three product studies and a significant body of scientific research regarding neurology and the science of smell and taste. These parties reached an agreement to avoid the time and expense associated with further litigation.
In a class action, one or more people, called Class Representatives (in this case, Danielle Correa and Jennifer Teeples), sue on behalf of people who have similar claims. One court resolves the issues for all Class Members, except for those who exclude themselves from the Class. A judge in the Los Angeles County Superior Court in California is overseeing this class action.
The Court did not decide in favor of Plaintiffs or Defendant. Instead, both sides agreed to a settlement. That way, they avoid the time and expense of going to trial. The Class Representatives and their attorneys think the settlement is best for everyone.
4. How do I know if I am part of the settlement?
The Court previously decided that everyone who fits the following description is a Class Member:
All people who purchased Sensa® prior to August 21, 2012. Excluded from the Settlement Class are Linda Breeding, Melanie Gordon, Polin Mahboubian, and Shahriyar Bolandian. Also excluded are all persons who properly and timely opt out of the settlement.
5. What does the settlement provide?
The settlement provides up to $6,000,000 for notice/administration costs, class representative payments, and cash benefits to class members who submit a claim, and fees and costs for the lawyers who represented the Settlement Class. More specifically:
- A Court-appointed administrator will receive compensation to implement a class Notice Program and to assist in the processing of claims submitted by Settlement Class members.
- Settlement Class members who submit a timely and complete Claim Form will receive a payment based on, among other things, how many of the approximately 2,600,000 class members submit a timely and valid Claim Form.
- The Settlement Class Representatives (Jeanette McClendon, Angela Cordova, Angie Cruz and Andrea Gladstone) will each receive a service payment for their role in this lawsuit.
To have qualified for a payment under the settlement, you must have submitted a Claim Form by December 13, 2012.
7. When will I receive my payment?
The Court held a Final Approval Hearing on November 7, 2012. The Court approved the settlement; however, on December 19, 2012, an appeal was filed. It is always uncertain whether these appeals can be resolved, and resolving them can take up to a year or more. This website will keep you informed of the progress of the settlement. Please be patient.
8. What am I giving up if I stay in the Settlement Class?
Unless you excluded yourself, you will remain a member of the Settlement Class. This means that you cannot sue, continue to sue, or be part of any other lawsuit against the Defendant (Refer to Question No. 10 below) or anyone else about the legal issues in this case. If you stayed in the Settlement Class, all of the Court’s orders will apply to you and legally bind you.
9. How do I exclude myself from the settlement?
The deadline to exclude yourself from the Settlement Class was October 29, 2012. If you mailed an exclusion request by the deadline, you will not get any settlement benefits.
10. If I do not exclude myself, can I sue the Defendant or anyone else for the same thing later?
No. Unless you excluded yourself, you gave up the right to sue the Defendant or anyone else for the claims resolved by this settlement.
11. If I exclude myself, can I get benefits from this settlement?
No. If you excluded yourself you will not get any settlement benefits.
12. Do I have a lawyer in this case?
The lawyers and law firms of Bursor & Fisher, P.A. and Milberg LLP represent you and other Settlement Class members. Together, the lawyers are called Settlement Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
13. How will the lawyers be paid?
The Court granted an award of attorneys’ fees, costs, and expenses to Settlement Class Counsel.
14. How do I tell the Court that I do not like the settlement?
The deadline to object to the settlement was October 29, 2012.
15. What is the difference between objecting and excluding?
Objecting is simply telling the Court that you do not like something about the settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you will no longer be able to object because the case no longer affects you. If you object, you still can submit a claim form.
16. When and where will the Court decide whether to approve the settlement?
The Court held the Final Approval Hearing on November 7, 2012 at the Superior Court of the State of California for the County of Los Angeles. At the Final Approval Hearing, the Court considered all arguments and determined that the settlement is fair, reasonable, and adequate, and the settlement was granted final approval. The Court also granted the request for attorneys’ fees, and costs and service payment to each of the Settlement Class Representatives.
17. Do I have to come to the hearing?
No. The Court held the Final Approval hearing on November 7, 2012.
18. May I speak at the hearing?
The deadline to submit your "Notice of Intention to Appear" at the Final Approval Hearing was October 29, 2012.
19. What happens if I do nothing at all?
If you do nothing, you will get no money from this settlement. But, unless you exclude yourself, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit about the legal issues in this case ever again.
20. Are there more details about the settlement?
This FAQ summarizes the settlement. More details are in the Class Settlement Agreement. You can get a copy of the Settlement Agreement by writing to the Claims Administrator at:
Correa v. Sensa Products, LLC
c/o GCG
P.O. Box 9831
Dublin, OH 43017-5731
21. How do I get more information?
You may contact Settlement Class Counsel at Bursor & Fisher, P.A., 1990 North California Boulevard, Suite 940, Walnut Creek, California, 94596.
