Mason v. Heel, Inc.

Case No. 12-cv-3056-GPC-KSC

U.S. District Court for the Southern District of California

If you purchased a product manufactured or distributed by Heel labeled “homeopathic,”
you may be entitled to a cash refund from a proposed class action settlement.
Please read this website carefully, your legal rights may be affected.

The purpose of this website is to inform qualified purchasers of eligible Heel Homeopathic Products, such as Traumeel and Zeel, of a proposed class action settlement. To qualify as a Class Member, you must have purchased, for personal or household use, any of the listed products, manufactured or distributed by Heel in the United States, between December 21, 2008 and the Opt-Out Date, as designated by the Court in its Preliminary Approval Order.

Detailed information about the Settlement Agreement is available in the frequently asked questions and court documents section of this website. You can also find a copy of the Class Notice issued by the Court.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
SUBMIT THE CLAIM FORM Submitting a claim form is the only way to get a cash refund. Claim forms must be submitted online or postmarked within ninety (90) calendar days of the date the court enters the final judgment approving the settlement (‘Claim-In Period’). The deadline is forecast to be no earlier than June 5, 2014.
EXCLUDE YOURSELF Exclude yourself by February 5, 2014 and get no refund from the Proposed Settlement. This is the only option that allows you to ever be part of any other lawsuit against Heel about the claims in this case.
OBJECT OR COMMENT Object to the settlement by February 5, 2014. You can write to the Court about why you do, or do not, like any aspect of the Proposed Settlement.
DO NOTHING You will get no cash refund and you give up your rights.

What is this case about?

A proposed settlement has been reached in a class action lawsuit. The lawsuit claims that labeling and marketing on homeopathic products manufactured or distributed by defendants Heel, Inc. was false or deceptive. Heel stands by its advertising and denies it did anything wrong. The Court has not decided which side was right. Instead, the parties have decided to settle the case.

Are you a class member?

You are a class member and may be eligible to receive a settlement benefit if you purchased any homeopathic product manufactured or distributed by Heel labeled as “homeopathic” between December 21, 2008 and the Opt-Out Date, as designated by the Court in its Preliminary Approval Order (the “Products”). You should read the entire website carefully because your legal rights are affected whether you act or not.

What does the settlement provide?

A settlement fund of $1 million is being set up to pay claims to eligible class members, attorneys’ fees and costs, incentive award to the named plaintiff, and the notice and claims administration costs. Each Class Member may file a claim up to $150, although the exact amount received may be higher or lower than $150 depending on the number of valid claims filed. Heel is also agreeing to make certain changes to the manner in which it labels and advertises the Products. The complete Settlement Agreement is available in the court documents section of this website.

What happens now?

The Court will hold a hearing in this case on March 7, 2014 at 1:30 p.m. at the federal courthouse located at 221 West Broadway, Courtroom 2D, San Diego, CA 92101, to consider final approval of the settlement, payment of attorneys’ fees of up to thirty percent of the Settlement value and costs, incentive award of up to $3,500 for the Class Representative in the lawsuit, and related issues. The motion(s) by Class Counsel for attorneys’ fees and costs and incentive award for the Class Representative are available for viewing on this settlement website on or after January 23, 2014, after they are filed and before the Class Members must decide whether to opt out or object. You may appear at the hearing in person or through your attorney at your own cost, but you are not required to do so.