Lilia Perkins, on behalf of herself and all others similarly situated v. Philips Oral Health Care Inc.; Philips Electronics North America Corporation, and Does 1 through 20, inclusive
Published: Jul. 27, 2013 | Result Date: Jul. 11, 2013 | Filing Date: Jan. 1, 1900 |Case number: 3:12-cv-01414-H-BGS Settlement – Vouchers
Court
USDC Southern District of California
Attorneys
Plaintiff
Defendant
Michael H. Steinberg
(Sullivan & Cromwell LLP)
Facts
Lilia Perkins filed a class action against Philips Oral Health Care Inc. and Philips Electronics North America Corp. alleging violations of the Magnuson Moss Warranty Act, breach of express warranty, unlawful business practices, false and misleading advertising, and violation of the Consumer Legal Remedies Act. The lawsuit concerned the alleged defects in the Philips Sonicare Airfloss, a product manufactured by defendants. The lawsuit accused the company of misleading consumers about its Sonicare AirFloss plaque removal system, which the company claimed could remove plaque and for use in lieu of flossing. The lawsuit claimed that the product did not adequately remove plaque from teeth compared to using traditional flossing methods.
Result
A settlement was reached between the parties. Philips agreed to issue refunds to as many as 50,000 consumers, by sending vouchers valued at $33, 23, and $7 to three categories of eligible class members.
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