Delcid et al. v. TCP HOT Acquisition LLC & Idelle Labs, Ltd.

• The notice concerns a case called Delcid et al. v. TCP HOT Acquisition LLC & Idelle Labs, Ltd., Case No. 21-cv-09569-DLC (S.D.N.Y.).

• This class action settlement will resolve a lawsuit against TCP HOT Acquisition LLC (“TCP”) and Idelle Labs, Ltd. (“Idelle” and, with TCP, “Defendants”), involving the marketing and sale of certain antiperspirant and deodorant products. It affects all natural persons who, between November 15, 2015 and October 28, 2022, purchased in the United States, for personal, family, or household use and not resale, any of the following Brut or Sure antiperspirant or deodorant products: Brut Classic Antiperspirant Aerosol (4 oz) (UPC 00827755070085); Brut Classic Antiperspirant Aerosol (6 oz) (UPC 000827755070108); Brut Classic Deodorant Aerosol (10 oz.) (UPC 00827755070047); Sure Regular Antiperspirant Aerosol (6.0 oz) (UPC 00883484002025); Sure Unscented Antiperspirant Aerosol (6.0 oz) (UPC 00883484002278). These products will be referred to in this notice as the “Covered Products”.

• The lawsuit contends that certain Brut or Sure antiperspirant and deodorant Products were inappropriately marketed because it was not disclosed that the Covered Products contained benzene. The lawsuit seeks to, among other things, stop such marketing and refund to customers a portion of the purchase price of the Covered Products.

• Defendants deny any wrongdoing. They contend that the Covered Products have always been safe for use.

• The Court has not made a determination as to whether the allegations against Defendants have merit. Instead, the parties have proposed to enter into a class action settlement to resolve the claims asserted in the Litigation.

• On February 16, 2022, Defendants initiated a voluntary recall of all lots of the Covered Products that offered a full refund, set at the average purchase price of the product, for up to three (3) Covered Products without providing a substantiating receipt and an unlimited number of Covered Products with proof or substantiation of purchase.

• To settle the case, Defendants have agreed to pay a total of $3,650,000.00 (the “Settlement Fund”). The Settlement Fund will be distributed to class members who submit a valid claim. If the Court approves any payments to the Plaintiffs who brought this lawsuit and/or to the lawyers who brought this lawsuit, the Settlement Fund will also be used to satisfy those awards. Each class member who submits a valid claim will receive a portion of the Settlement Fund, in the amount of their purchase price of the Covered Product(s). However, in order to reach the total amount in the Settlement Fund, the amount paid to each class member may increase or decrease based on the number of total Covered Products purchased by class members submitting valid claim forms, each class member’s purchase price of the Covered Product(s), and the number of claimants who have already recovered for their purchase of the Covered Product(s) during the voluntary recall. In order to determine purchase price, class members may upload proof of purchase. If a class member does not provide proof of purchase, the purchase price of the Covered Product(s) will be determined by the average retail price for up to five (5) Covered Products claimed per household plus a 10% allowance for sales tax. If a class member already received a refund through Defendants’ voluntary recall of the Covered Products, the amount of money they receive in the Settlement will be reduced by the amount refunded through the voluntary recall.

• The lawyers who brought the lawsuit intend to ask the Court for a portion (not to exceed 1/3 or $1,216,666.00) of the Settlement Fund, to be paid as fees for investigating the facts, litigating the case, and negotiating the settlement. They also will seek as part of that portion, reimbursement of costs and expenses incurred in relation to investigating the facts, litigating the case, and negotiating the settlement. In addition, they will request that the Court award $500 to each Named Plaintiff who brought this lawsuit, as class representative awards.

• Your legal rights are affected whether you act or don’t act. Read this notice carefully.

• This notice summarizes the proposed settlement. For the full terms and conditions of the Settlement, please see the settlement agreement available at the Important Documents page, contact the claim administrator at Sure and Brut Claim Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103, or contact class counsel at Jason Sultzer, The Sultzer Law Group, P.C. (85 Civic Center Plaza, Suite 200, Poughkeepsie, NY 12601, sultzerj@thesultzerlawgroup.com, (845) 483-7100).

PLEASE DO NOT TELEPHONE THE COURT OR THE CLERK OF COURT TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.