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Welcome to the Information Website for the
In re Cosmetics Cases
(Azizian, et al. v. Federated Department Stores, Inc., et al.,
Docket
No. 4:03-CV-03359-SBA)
www.cosmeticssettlement.com
(Last updated on December 13, 2007)
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The settlement described below is now final. The date of the commencement of
the give-away will be announced once it is chosen.
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| Please check back on this website for further updates.
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A Settlement has been proposed in a class action lawsuit that alleges that
certain manufacturers of cosmetics and fragrance products and certain
department stores that sell those products ("Defendants") violated the
antitrust laws in connection with the pricing of these products. Defendants
deny any wrongdoing or illegal conduct but have agreed to settle the
litigation. This website provides information on the lawsuit and proposed
Settlement.
What Is the Class Action Lawsuit about?
This lawsuit involves products ("Department Store Cosmetics"), which are the
full range of high-end, "prestige" or specialty beauty and cosmetic products
and product lines, including color products (such as foundation, eye shadow and
lipstick), treatments (such as skin creams and moisturizers) and fragrances,
and which are sold primarily through department or specialty stores. The
Settlement does not include cosmetics and fragrance products sold through mass
distribution channels, such as drug stores and warehouse outlets.
Who Is Involved?
You are a member of the Class if you are currently a resident of the United
States who purchased Department Store Cosmetics in the United States, which
products were made, distributed and/or sold by the Defendants during the period
May 29, 1994 through July 16, 2003. Class Members who remain in the Class are
eligible to receive, free of charge, cosmetics and fragrance products having a
total retail value of $175 million.
How to Register for Your Free Department Store Cosmetics.
If you are a Class Member and wish to claim free Department Store Cosmetics,
you should register on this website by
clicking here to leave your email address or mailing address or you
should call 1-877-604-5776 to leave your name and mailing address. If you do
so, upon approval of the Settlement, you will be notified by email or postcard
as to when free Department Store Cosmetics will be made available. The Final
Approval Hearing to determine if the Settlement is fair and reasonable is
scheduled to be held on January 11, 2005. The Judge will rule some time after
that date. If the Judge approves the Settlement, free Department Store
Cosmetics will be made available at participating Defendant stores. Please
check this website for updates after January 11, 2005.
This website will be updated periodically with additional information on the
Settlement. Below you will find summary information related to the Settlement.
For more detailed information, please click on the
Notice of the Class Certification and Settlement ("Notice").
Important Dates (top)
Deadline to Exclude Yourself: The postmark deadline
to request exclusion from the Settlement was 12:00 midnight PST
on March 26, 2004. Late requests for exclusion will not be accepted.
Comment/Objection: The postmark deadline to
submit comments or objections is 12:00 midnight PST on March 26,
2004. All comments or objections must be mailed to the Cosmetics
Antitrust Litigation Settlement Administrator, P.O. Box 1693, Faribault, MN
55021-1693.
Final Approval Hearing: The Final Approval Hearing to determine if the
proposed Settlement is fair, reasonable and adequate was
adjourned until March 8, 2005, United States District Court for the
Northern District of California, Oakland Division, Courtroom, 3rd Floor, 1301
Clay Street, Oakland, CA 94612.
Frequently Asked Questions and Answers
(top)
What Is this Notice about?
 Why has
this Notice been issued? (top)
You have a right to know about a proposed Settlement of this class action
lawsuit and about all of your options before the Court decides whether to give
final approval to the Settlement.
This information is being made available to everyone who purchased Department
Store Cosmetics manufactured, distributed and/or sold by the Manufacturer
Defendants or Department Store Defendants listed below from May 29, 1994
through July 16, 2003. A more detailed description of the persons benefited by
this Settlement is contained in the section below entitled "How do I know if I
am a Class Member?"
This website explains the lawsuit, the Settlement, your legal rights, what
benefits are obtained, who is eligible and how to get the free Department Store
Cosmetics that will be made available to Class Members.
The Court in charge of the case is the United States District Court for the
Northern District of California, and the case is known as Azizian, et al. v.
Federated Department Stores, Inc., et al. Case No. 3:03CV03359. The people who
brought the case are called Plaintiffs, and the companies they sued are called
Defendants.
What is
the lawsuit about? (top)
A Settlement has been proposed in a class action lawsuit that alleges that
certain manufacturers of Department Store Cosmetics and certain department
stores that sell those products engaged in unlawful conduct in violation of the
antitrust laws in connection with the pricing of those products.
The Settlement does not mean that the Defendants admit that they have done
anything wrong or illegal or that the Court has found that Defendants violated
the law. Indeed, Defendants deny any wrongdoing or illegal conduct.
Why is
this a class action? (top)
In a class action, one or more person(s), called the Class Representative(s),
sue on behalf of a group of people who have similar claims – the class members.
One court then resolves the issues for all class members, except for those who
exclude themselves from the class. U.S. District Court Judge Armstrong is in
charge of this class action.
Why is
there a Settlement? (top)
Although the Court has not decided whether the claims in this lawsuit are
correct, both sides have agreed to a Settlement. That way, both sides are able
to avoid the risks and costs of a trial, the case can be resolved and the
benefits of the Settlement can be made available to the Class Members. The
Class Representatives and their attorneys think that the proposed Settlement is
fair to the Class Members and the parties in the case and think that the terms
of the Settlement are a reasonable and adequate resolution of this matter.
Who Is Included in the Settlement?
How do I
know if I am a Class Member? (top)
You are a member of the Class if you are currently a resident of the United
States who purchased Department Store Cosmetics in the United States during the
period May 29, 1994 through July 16, 2003, which products were made,
distributed and/or sold by the Manufacturer Defendants or Department Store
Defendants listed below. You are not a member of the Class, even though you
bought the covered products during the relevant time period, if you are an
employee, officer, director, agent or attorney of any Defendant, or the judge
presiding over this matter or a member of each such person's immediate family.
You do not need to do anything at this time if you want to remain a Class
Member.
Which
cosmetics and fragrance manufacturers are Defendants in this case ("the
Manufacturer Defendants")? (top)
Boucheron (USA) Ltd., Chanel, Inc., Christian Dior Perfumes, Inc., Clarins
U.S.A., Inc., Conopco, Inc., The Estée Lauder Companies Inc., Guerlain, Inc.,
L'Oréal USA, Inc. (formerly known as Cosmair, Inc.) and Parfums Givenchy, Inc.
The brand names of the products manufactured, distributed and/or sold by these
Manufacturer Defendants include:
Boucheron, Sonia Rykiel, Christian Lacroix, Paul Smith, Issey Miyake, Jean Paul
Gaultier; Chanel Colour, Precision Skincare, Chanel No. 1 Collection, Chanel Le
Corps Actif, Allure, Chanel No. 5, Chanel No. 19, Chanel No. 22, Coco, Coco
Mademoiselle, Chance, Allure for Men, Platinum Egoiste, Cristalle, Egoiste,
Pour Monsieur, Technique Pour Homme, Anateus Pour Homme; Christian Dior
Perfumes; Clarins, Thierry Mugler, Azzaro Paris; Calvin Klein, Obsession,
Eternity, Escape, CK One, CK Be, Calvin Klein Color, Contradiction, Truth
Calvin Klein, Calvin, Crave, Latitude Longitude, BCBGirls, Vera Wang, Chloe,
Narcisse, Karl Lagerfeld, Lagerfeld Classic, Lagerfeld Man, Lagerfeld Woman,
Lagerfeld Jako, KL, Photo, Sun Moon Stars, Cerruti (or Nino Cerruti), Cerruti
1881, Cerruti Image, Cerruti 1881 Amber, Valentino, Very Valentino, Valentino
Gold, Vendetta, Elizabeth Arden, 5th Avenue, Blue Grass, Red Door, Sunflowers,
True Love, Elizabeth Taylor Black Pearls, Elizabeth Taylor Passion, White
Diamonds, Jean Louis Scherrer, Indian Nights/Nuits Indiennes, Visible
Difference, Ceramides, Millennium; Estée Lauder, Aramis, Clinique Laboratories,
Inc., Prescriptives, Origins Natural Resources, M.A.C., La Mer, Bobby Brown
Cosmetics, Tommy Hilfiger Toiletries, Donna Karan Cosmetics, Aveda, Stila
Cosmetics, Jo Malone, Kate Spade Beauty, Laboratoires Darphin, Michael Kors
Fragrances; Guerlain; Biotherm, Helena Rubenstein, Kiehl's Since 1851, Lancôme,
Shu Uemura, the Designer Fragrances, including Cacharelle, Giorgio Armani, Guy
Laroche, Paloma Picasso, and Ralph Lauren; and Parfums Givenchy.
Which
department stores/retailers are Defendants in this case ("the Department Store
Defendants")? (top)
Dillard's, Inc., Federated Department Stores, Inc., Gottschalks Inc., The May
Department Stores Company, The Neiman Marcus Group, Inc., Nordstrom, Inc., Saks
Incorporated and Target Corporation. The names of the
Department Store Defendants' stores include:
Dillard's, Maison Blanche, Gayfers, J.B. White, Castner Knott, Bacons,
McAlpin's, Lion, Root's, The Jones Store Company, Joslins, Hennessy's, de
Lendrecie's, Glass Block; Macy's East, Jordan Marsh, Macy's West, Bullock's,
Rich's, Lazarus, Goldsmith's, Burdines, Bloomingdale's, The Bon Marche,
Stern's, Broadway, Emporium, Weinstock's, Abraham & Strauss; Gottschalks,
Gottschalks Inc. Harris-Gottschalks; Filene's, Kaufmann's, Lord & Taylor,
Hecht's, Strawbridge's, Famous-Barr, The Jones Store, Foley's, Robinsons-May,
Meier & Frank; Neiman Marcus, Bergdorf Goodman, Neiman Marcus Direct,
Neiman Marcus Online; Nordstrom, Nordstrom Rack, Façonnable; Saks Fifth Avenue,
Parisian, Proffitt's, McRae's, Younkers, Herberger's, Carson Pirie Scott,
Bergner's, Boston Store; Hudson's, Dayton's, Marshall Field's and Target.
What if I
still do not know whether I am included in the proposed Settlement Class?
(top)
If you are still not sure whether you are included in the class, call
1-877-604-5776 or write to: Cosmetics Antitrust
Litigation Settlement Administrator
P.O. Box 1693
Faribault, MN 55021-1693
The Settlement Benefits - What You Get
What does
the Settlement provide? (top)
Defendants have agreed to:
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Enter into a court order that prohibits them from engaging in certain marketing
practices, including agreements to fix, establish, control or maintain the
retail price at which any department store may offer for sale or sell any
Department Store Cosmetics;
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Make available to Class Members, free of any charge, Department Store Cosmetics
having a total retail value of $175 million;
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Pay, on behalf of the Class, Plaintiffs' Attorneys' Fees and expenses in an
amount to be determined by the Court, up to a maximum of $24 million. Any fees
and costs that may be awarded by the Court shall not reduce the value of the
cosmetics and fragrance products that will be made available to the Class
Members; and
-
Pay all the expenses of notifying the Class about, and administering all
aspects of, this Settlement, and distributing the free Department Store
Cosmetics and fragrance products.
Will I
receive anything from the Settlement?
(top)
If you are a current resident of the United States and you purchased Department
Store Cosmetics in the United States during the period May 29, 1994 through
July 16, 2003, which cosmetics were manufactured, distributed and/or sold by
one of the Manufacturer Defendants or Department Store Defendants, you will be
eligible to receive (subject to the cap set forth of $175 million as noted in
question "What does the Settlement Provide?"), while supplies last, free
Department Store Cosmetics, with an approximate retail value of $18 to $25 per
unit, that were manufactured and/or sold by one of the Manufacturer Defendants.
You will not be required to purchase anything to get your free Department Store
Cosmetics. These free Department Store Cosmetics will be made available at
certain stores owned by the Department Store Defendants. A Supplemental Notice
will be published in approximately 50 newspapers in major metropolitan areas
following Settlement approval to alert Class Members when and where the free
Department Store Cosmetics will be made available. However, to assure that you
will receive this information, you should provide your email or mailing address
on this Settlement website or call 1-877-604-5776 in order to register to
receive notification of the Settlement product give-away
Excluding Yourself from the Settlement
If you do not want to be a member of the Class, or if you want
to be able to start your own suit or be part of a different lawsuit against the
Defendants raising the claims involved in this lawsuit, then you must take
steps to get out of the Class. This is called "excluding yourself" and
sometimes is referred to as "opting out" of the Class.
How do I
get out of the Settlement? (top)
The deadline for exclusion was March 26, 2004.
If I do
not exclude myself, can I sue the Defendants for the same thing later?
(top)
No. Unless you exclude yourself, you give up all of your rights against the
Defendants for the claims that are involved in this Settlement.
The Lawyers Representing You
Do I
have a lawyer in this case? (top)
The Court has approved several law firms (called "Plaintiffs' Counsel") to
collectively represent you. You will not be charged for the services of these
attorneys in litigating this case for over five years and negotiating this
Settlement. If you want to be represented by your own lawyer, you may hire one
at your own expense.
How will
the lawyers be paid? (top)
The Court has not decided how much Plaintiffs' Counsel will be paid.
Plaintiffs' Counsel may ask the Court for an award of their reasonable fees and
expenses ("Attorneys' Fees") incurred in pursuing this case, and Defendants
have agreed to pay an amount of no more than $24 million in Attorneys' Fees.
The Court may award less than that amount. You do not have to pay any
Attorneys' Fees that the Court may award. These Attorneys' Fees will be paid
separately by the Defendants and will not come out of the value of the free
Department Store Cosmetics that will be made available to the Class Members.
Objecting to the Settlement or Attorneys' Fees
If I do
not like the Settlement or object to the Attorneys' Fees, how do I tell the
Court? (top)
If you are and choose to remain a Class Member, you can object to the
Settlement if you do not like any part of it, or you may object to the request
for Attorneys' Fees. You must give the reason why you think that the Court
should not approve the Settlement or the requested Attorneys' Fees (i.e., a
mere statement that "I object" will not be deemed sufficient). Do not contact
the Court directly to object. Rather, you must send a written statement with
your name, your address (just giving the address of an attorney who represents
you is not sufficient), your telephone number, your signature and the reason
why you object, and, if you are represented by a lawyer, the name, address and
telephone number of that lawyer. You must mail your comments or objections and
any supporting papers by first-class mail postmarked no later
than March 26, 2004 to the following address: Cosmetics
Antitrust Litigation Settlement Administrator
P.O. Box 1693
Faribault, MN 55021-1693 Submitting an
objection will not extend the time within which a Class Member may request
exclusion from this Settlement.
What is
the difference between objecting and excluding?
(top)
Objecting is simply telling the Court that you do not like something about the
Settlement. You can object only if you stay in the Class. If you object and the
Court rejects your objection, you remain a member of the Class and will be
bound by any outcome of the case. Excluding yourself is telling the Court that
you do not want to be part of the Class. If you exclude yourself, you have no
basis to object because the case no longer affects you.
The Court's Fairness Hearing
What is
the Fairness Hearing? (top)
The Court has scheduled a Hearing to decide whether to approve the Settlement
and award Attorneys' Fees. You may, but do not have to, attend the Hearing. You
may speak at the Hearing but only if you have submitted your comments or
objections as provided in the question above entitled "If I do not like the
Settlement or Object to the Attorney's Fees, how do I tell the Court?".
When and
where will the Court decide whether to approve the Settlement and Attorneys'
Fees? (top)
The Court has scheduled a Hearing for 1:00 p.m. on January 11, 2005, in the
United States District Courthouse for the Northern District of California,
Oakland Division, Oakland, California 94162, in Judge Armstrong's Courtroom,
Room 3, 3rd Floor. At this Hearing, Judge Armstrong will consider whether the
Settlement is fair, reasonable and adequate and the amount of Attorneys' Fees
and costs to be awarded. If there are any objections, the Court will consider
them. After the Hearing, the Court will issue its ruling. We do not know how
long this process will take.
Do I
have to come to the Hearing? (top)
No. Plaintiffs' Counsel will answer any questions the Court may have. However,
you may come, at your own expense. If you sent a written objection, you do not
have to come to Court to talk about it. As long as you properly submitted your
written objection, the Court will consider it. You may also pay your own lawyer
to attend, but it is not necessary.
May I
speak at the Hearing? (top)
You will not be heard unless you have submitted your comments or objections as
provided in the question above entitled "If I do not like the Settlement or
Object to the Attorney's Fees, how do I tell the Court?" and have stated in
your submission that you wish to be heard.
You cannot speak at the Hearing if you exclude yourself.
If you Take No Action
What
happens if I do nothing at all? (top)
If you take no action, your rights will be affected. You will be bound by the
terms of the Settlement and you will be agreeing to a release of the claims
which are contained in the Settlement Agreement.
What is
the Release of Claims? (top)
The Release of Claims in the Settlement Agreement describes the legal claims
against the Defendants you give up by staying in the Class (i.e., if you do not
exclude yourself as described in the question above entitled "How do I get out
of the Settlement?"). The Released Claims include all claims, demands, causes
of action, whether class, individual or otherwise in nature, damages whenever
incurred, liabilities of any nature whatsoever, including costs, expenses,
penalties and Attorneys' Fees, known or unknown, suspected or unsuspected, in
law or equity, that could have been asserted against any of the Defendants or
any of their related parties arising out of conduct from May 29, 1994 through
July 16, 2003 by any Defendant concerning the pricing, marketing, distribution,
promotion, advertising or sale of Department Store Cosmetics, and which arise
under any federal or state antitrust, unfair competition, unfair practices,
price discrimination, unitary pricing or trade practice law, or other similar
law or regulation or common law. Released Claims do not include any other
claim(s) that a Plaintiff or member of the Settlement Class may have against
one or more of the Defendants; for example, a personal injury or a product
defect claim is not released. Released Claims also do not include any claim(s)
that any member of the Settlement Class may have against any other manufacturer
or retailer of Department Store Cosmetics other than the Settling Defendants.
Getting More Information
Are
there more details about the Settlement?
(top)
This Notice merely summarizes the proposed Settlement. You may click on the
Other Settlement Documents section of this website for more information.
How do I
get more information about the Settlement?
(top)
You can 1-877-604-5776, toll-free, or write to the Cosmetics Antitrust
Litigation Settlement Administrator at: Cosmetics
Antitrust Litigation Settlement Administrator
P.O. Box 1693
Faribault, MN 55021-1693
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