New York, NY: A settlement has been reached in a defective products class action lawsuit pending against Gerber Childrenswear LLC. If approved, the settlement will resolve the lawsuit, entitled Montanez v. Gerber Childrenswear, LLC, Case No. 9-cv-07420-DSF (DTBx), U.S. District Court, Central District of California, which claims that Gerber knowingly sold children' clothing that contained chemicals which cause skin irritation.
Specifically, the lawsuit claims Gerber sold certain children' clothing with tagless labels that allegedly contained excessive amounts of chemicals that could irritate the skin.
If approved, the settlement would include anyone who purchased at retail new Gerber apparel products in the United States containing tagless labels on garments manufactured by:
Jay Jay Mills (India) with "M/S Gokul"labels from October 1, 2005 to August 2008;
Jay Jay Mills (India) with redesigned "phthalate free"Gokul labels from August 2008 through September 30, 2009;
Kitex from October 1, 2005 through May 20, 2009.
For those who no longer have the Gerber garment, but remember purchasing tagless clothes saying made in "India" between 2005 and 2009, under the terms of the settlement, you may apply for a voucher for 10% off Gerber clothing (or 15% if you paid to treat a rash or irritation caused by the label).
For those who still have the Gerber garment, you may file a claim to receive a benefits from the settlement, including a reimbursement of the purchase price of the item, a replacement garment and out-of-pocket costs paid to treat skin irritation caused by the garment.
For more information and to download claim form, visit: www.GCWSettlement.com.
A Final Fairness Hearing is set for October 7, 2013.
