Frequently Asked Questions
- Why was there a Notice?
- What was this lawsuit about?
- Why was this a class action?
- Why was there a Settlement?
- Who was included in the Settlement?
- Why did I receive a Notice?
- What did the Settlement provide?
- How could I have received a Settlement Benefit?
- Where could I have found my Unique ID?
- What type of Proof of Purchases were required to receive a Repeat Purchaser Benefit?
- Can I access my order history via R+F’s website?
- How could I have gotten the Cash Settlement Benefit?
- How long do I have to cash my check?
- How can I use the Credit Settlement Benefit?
- When can I get the Settlement Benefit?
- What did I give up to receive Settlement Benefits as a Class Member?
- How could I have excluded myself from the Settlement?
- If I did not exclude myself, can I sue the Defendant for the same thing later?
- How could I have objected to this Lawsuit?
- What was the difference between Objecting and Excluding?
- Do I have a lawyer in this case?
- How will Class Counsel be paid?
- Who are the Class Representatives?
- Will the Class Representatives be paid?
- When and where will the Court decide to approve the Settlement?
- Did I have to come to the Hearing?
- What happens if I did nothing at all?
- How do I get more information?
Why was there a Notice?
A Court authorized a Notice because you have a right to know about the Settlement of this class action lawsuit and about all of your options before the Court decides whether to give Final Approval to the Settlement. The Notice explains the lawsuit, the Settlement and your legal rights.
In 2018, three proposed class action lawsuits were filed against R+F relating to its ENHANCEMENTS Lash Boost product (“Lash Boost”): Lewis et al, v. Rodan & Fields, LLC, No. 4:18-cv-02248-PJH (N.D.Cal.), Scherr et al. v. Rodan & Fields, LLC, No. CIVDS 1723435 (Cal. Superior Court, San Bernardino County), and Gorzo et al. v. Rodan & Fields, LLC, No. CGC-18-565628 (Cal. Superior Court, San Francisco County). The two state court actions were later coordinated in San Francisco County Superior Court, Lash Boost Cases, JCCP No. 4981. The Settlement will resolve all three proposed class actions (“Actions”) and was presented for approval in the coordinated Lash Boost Cases proceeding, Judge Ethan P. Schulman presiding.
To view a copy of the Notice, click here.Back To Top
What was this lawsuit about?
The Actions allege that R+F failed to disclose information regarding Lash Boost, including that an ingredient, Isopropyl Cloprostenate, is a prostaglandin analog which poses undisclosed risks of adverse reactions, and is similar in chemical structure to certain medications. Plaintiffs claimed to have experienced various adverse reactions to the product. They allege that R+F is liable to them for, among other things, the sale of an unapproved drug, the sale of an adulterated and misbranded drug, and the failure to disclose material information about potential side effects.
R+F has denied the allegations asserted in the Actions and has denied liability or wrongdoing of any kind. R+F contends that Lash Boost is safe when used in accordance with its label, which it alleges disclosed the potential for the types of reactions Plaintiffs allegedly experienced. R+F alleges it has always cautioned customers to discontinue use if unpleasant symptoms arise from this, or any product. R+F contends that incidence of reported adverse reactions has been very low. R+F states that it has only marketed the product as a cosmetic, not as a drug.
The Court has not decided in favor of either the Plaintiffs or R+F and has not evaluated or ruled on any of Plaintiffs’ claims or R+F’s defenses. The parties have entered into a settlement to compromise disputed claims and to avoid the future costs and risks associated with continued litigation. In settling the case, neither side admits the allegations or arguments of the other.Back To Top
Why was this a class action?
In a class action, one or more people, often referred to as class representatives, sue on behalf of a group of people who have similar claims. The people with similar claims are the “Class” or the “Class Members,” except for those people who decide to exclude themselves from the Class. One court resolves the issues for all Class Members, except for those who exclude themselves from the Class. California Superior Court Judge Ethan P. Schulman will decide whether to approve the Settlement.Back To Top
Why was there a Settlement?
The Court has not decided in favor of either the Plaintiffs or Rodan + Fields and has not evaluated or ruled on any of Plaintiffs’ claims or R+F’s defenses. The parties have entered into a settlement to compromise disputed claims and to avoid the future costs and risks associated with continued litigation. In settling the case, neither side admits the allegations or arguments of the other. The Class Representatives and Class Counsel believe the Settlement was best for everyone who is affected.Back To Top
Who was included in the Settlement?
You were a member of the Settlement Class affected by the Settlement if you purchased Lash Boost from R+F for personal, family or household purposes between October 1, 2016, and March 11, 2022, and (i) did not have any pending litigation against R+F; (ii) did not file a timely request for exclusion from the Settlement Class as set out in the Notice; (iii) were not an officer, director, or employee, or immediate family member of an officer, director, or employee, of R+F or any entity in which R+F has a controlling interest; (iv) did not act as an Independent Consultant of R+F; (v) were not legal counsel or an employee of legal counsel for R+F; (vi) were not a federal, state, or local government entity; (vii) did not previously release the claims encompassed by this Settlement; (viii) did not already return Lash Boost to R+F and receive a refund; and (ix) were not a member of the immediate family of the judicial officer presiding over the Actions or part of the judicial officers’ staff. Members of the Settlement Class are referred to in the Notice as “Class Members” or “Settlement Class Members.”Back To Top
Why did I receive a Notice?
If you were a Settlement Class Member, your legal rights were affected by the Settlement unless you excluded yourself from the Settlement Class. The California Superior Court authorized the Notice to inform Settlement Class Members about the Actions, the proposed settlement, and Settlement Class Members’ options.Back To Top
What did the Settlement provide?
If the Court approves the Settlement, Settlement Class Members who submitted valid and timely Claim Forms will be entitled to either (i) a credit voucher to use toward the purchase of any R+F product, no minimum purchase required (“Credit Benefit”) or (ii) a cash payment (“Cash Benefit”), depending on which kind of benefit they chose.
The maximum amount of the Credit Benefit is $250, and the maximum amount of the Cash Benefit is $175. Settlement Class Members who submitted valid proof(s) of purchase showing that they made more than one purchase of Lash Boost may also receive an additional maximum benefit of up to $250 in credit (a “Credit Repeat Purchaser Benefit”) or an additional maximum benefit of up to $175 in cash (a “Cash Repeat Purchaser Benefit”), for a maximum total benefit of $500 in credit or $350 in cash.
The actual amount of these benefits, however, is currently unknown and may be considerably less than the maximum, because the amount depends in large part on the number of Settlement Class Members who submitted timely and valid Claim Forms. Under the Settlement, all Credit Benefits must come from the $8 million Credit Settlement Fund, and all Cash Benefits must come from the $30 million Cash Settlement Fund. In addition, all administrative expenses, attorneys’ fees and costs, and class representatives’ service awards approved by the Court must be paid from the $30 million Cash Settlement Fund. Because of the limited funds, a large number of claims may lead to individual benefits falling below the maximum amounts described above.
The exact amount of Settlement Class Members’ Credit Benefits and Cash Benefits cannot be determined until the notice process is complete and the Court makes a final decision on the amount of attorneys’ fees (i.e., the amount of compensation for legal services provided by the Settlement Class Counsel), reimbursable costs and expenses awarded to Class Counsel (i.e., the costs and expenses incurred to litigate the case that Class Counsel may be reimbursed for), Settlement Administration Costs (i.e., the amount paid to the third-party Settlement Administrator for administering the Settlement) and any Service Award to the Class Representatives (i.e., funds that may be awarded to the Class Representatives to compensate them for their participation in the Action), and until the Settlement Administrator has received and validated the total number of claims.
The Credit Benefit, Cash Benefit, Credit Repeat Purchaser Benefit and the Cash Repeat Purchaser Benefit are collectively referred to in the Notice as the “Settlement Benefit.” As noted above, Credit Benefits will be paid from an $8 million fund established by R+F (the “Credit Settlement Fund”), and Credit Benefits will be paid from a $30 million fund established by R+F (the “Cash Settlement Fund”). If the Court approves the Settlement, these funds will under no circumstances return to R+F.
AGREEMENT TO MAKE LABEL CHANGES
In addition to the Settlement Benefit, R+F has also agreed to revise the label and instructions for use, to list certain alleged side effects that have been reported by some product users. R+F will provide expanded cautionary instructions for use and has agreed to make certain changes in how it advertises the product on its website, as well as in resource materials it provides when training R+F Independent Consultants. For details on these label changes, see Section 2.5 of the Settlement Agreement, as well as the document called “Exhibit F” attached to the Settlement Agreement.Back To Top
How could I have received a Settlement Benefit?
To obtain a Settlement Benefit, you had to timely and properly submit a completed Claim Form electing either a Cash Benefit or Credit Benefit before September 7, 2022.Back To Top
Where could I have found my Unique ID?
The Unique ID was a 10 digit, alphanumeric value that could be found on the top left of the Postcard Notice, or the top right of the Email Notice. The Email Notice was directed to the email address associated with your Rodan + Fields account; the Postcard Notice was mailed to the physical address associated with your Rodan + Fields account if no email address was available.Back To Top
What type of Proof of Purchases were required to receive a Repeat Purchaser Benefit?
The proof of purchase(s) varied by customer. Acceptable forms of proof included, but were not limited to, copies or photos of Lash Boost order confirmations, order or transaction histories, emails validating purchases, credit card statements, paper receipts, shipping confirmations, shipping receipts, cancelled checks, or any other documentation you may have had showing the purchase of two or more tubes of Lash Boost between October 1, 2016, and March 11, 2022. You did not need to submit any proof of purchase if you were seeking only one cash or credit benefit.Back To Top
Can I access my order history via R+F’s website?
Yes. If you have an active account, you may access your R+F order history for purchases made in or after 2019 by logging into your account on the www.rodanandfields.com website. Click your name in the upper right of the front page of the website to open the drop-down menu, then click “Order History.” Locate your Lash Boost orders between October 1, 2016, and March 11, 2022.Back To Top
How could I have gotten the Cash Settlement Benefit?
The Cash Benefit and Cash Repeat Purchaser Benefit will be issued in the form that the Class Member elected – either in the form of a check or an electronic credit voucher.Back To Top
How long do I have to cash my check?
You have six (6) months from the date on the check to cash it. The check expires after that date and can no longer be cashed. The Settlement Administrator and R+F are not responsible for expired, lost or stolen checks.Back To Top
How can I use the Credit Settlement Benefit?
The Credit Benefit or Credit Repeat Purchaser Benefit must be used toward the purchase of any product from R+F’s website, without any minimum purchase required. The Credit Benefit is fully transferrable but shall have no cash value and shall not be redeemable for cash in any amount, including without limitation for any unused portion of the credit. The Credit Benefit and Credit Repeat Purchaser Benefit have no expiration date. Where applicable, any unused value thereon may be subject to applicable state or federal escheatment laws. All other rights and limitations to the Credit Benefit or Credit Repeat Purchaser Benefit as set forth in state and federal law are applicable. The Credit Benefit and Credit Repeat Purchaser Benefit are not gift cards and the parties do not intend for any gift card laws to apply to them. The Settlement Administrator and R+F are not responsible for any expired, lost, or stolen Credit Benefits or Credit Repeat Purchase Benefits.Back To Top
When can I get the Settlement Benefit?
The Court held a hearing on September 14, 2022. At the hearing, the Court considered whether the Settlement was fair, reasonable, and adequate. The Court also is considering what amount to award to each of the Class Representatives as compensation for their services for the Settlement Class, and what amount to award to Class Counsel for their attorneys’ fees and costs. The Court will now decide whether to approve the Settlement. Class Counsel does not know how long these decisions will take.
If the Court approves the Settlement and no one appeals the decision, the Settlement Benefit will be distributed within sixty (60) days of the Settlement Date.Back To Top
What did I give up to receive Settlement Benefits as a Class Member?
Unless you excluded yourself from the Settlement Class by submitting a Notice of Opt-Out (as defined in the Excluding Yourself From the Settlement Section below), you are a Settlement Class Member and that means you will be legally bound by all orders and judgments of the Court in the state court Lash Boost Cases proceeding, including the terms of the Settlement, and you will not be able to sue, continue to sue R+F or any of the other persons or entities referenced in the “Release by the Settlement Class” paragraph below, about the issues of the case. You will not be responsible for any out-of-pocket costs or attorneys’ fees concerning this case if you stay in the Settlement Class.
Staying in the Settlement Class also means that you agree to the following release of claim provisions of the Settlement (“Release”), which describes exactly the legal claims that you give up:
Release by the Settlement Class
Effective immediately upon the Settlement Date, Plaintiffs and each Settlement Class Member who did not timely opt out of the Settlement shall fully, completely and forever release and discharge the Released Defendant Parties from any and all past, present, or future claims, liabilities, actions, allegations, complaints, demands, obligations, causes of action, suits, rights, damages, debts, guarantees, orders, controversies, penalties, promises, covenants, losses, costs, expenses, or attorneys’ fees of every kind, nature and source whether legal, equitable or otherwise, whether based on contract (express, implied, or otherwise), tort, common law, any state or federal law, statute or regulation or any other theory of recovery, whether brought under the laws of any state, federal or other government, whether known or unknown, asserted or unasserted, accrued or unaccrued, fixed or contingent, suspected or unsuspected, and whether seeking compensatory, exemplary, punitive, restitution, disgorgement, statutory, or injunctive relief or damages of any kind or multiplier thereof, that Plaintiffs and each Settlement Class Member now have or may hereafter accrue or otherwise be acquired, arising out of or related to the subject matter of the Actions involving Lash Boost, including, but not limited to, the sale, purchase, marketing, advertising, distribution, design, formulation, manufacture, the rendering of advice by R+F Independent Consultants, the failure to train R+F Independent Consultants, and the labelling of the Product during the Settlement Class Period (“Released Plaintiffs’ Claims”). Specifically excluded from the release are individual personal injury or disease claims, including existing claims, as well as latent or unknown individual personal injury or disease claims, held by Settlement Class Members.
Release of Unknown Claims
With respect to the releases set forth above, with the sole exception being any personal injury or disease claims held by each Settlement Class Member which are specifically excluded from the release above, each Settlement Class Member who does not timely opt out of the Settlement acknowledges and agrees that s/he understands Section 1542 of the Civil Code of the State of California, which provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Each Settlement Class Member who did not timely request exclusion from the Settlement Class waives and relinquishes any and all rights and benefits which s/he has or may have under Section 1542 of the Civil Code of the State of California, and under any similar or comparable provision, whether statutory or common law, of any other state or territory of the United States to the full extent that s/he may lawfully so waive all such rights and benefits pertaining to the subject matter of the release set forth above.Back To Top
How could I have excluded myself from the Settlement?
The deadline to exclude yourself from the Settlement was July 14, 2022.Back To Top
If I did not exclude myself, can I sue the Defendant for the same thing later?
No. Unless you excluded yourself from the Settlement, you give up the right to sue R+F and the other persons and entities referenced in the “Release by Settlement Class” paragraph above for the claims that this Settlement resolves.Back To Top
How could I have objected to this Lawsuit?
The deadline to object to the Settlement was July 14, 2022.Back To Top
What was the difference between Objecting and Excluding?
Objecting tells the Court that you do not like the Settlement, it should not be approved, and the lawsuit should continue. You could only object if you stayed in the Settlement Class. You cannot ask the Court to change the terms of the Settlement; the Court can only approve or deny the Settlement. If the Court rejects your objection, you cannot thereafter exclude yourself from the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you excluded yourself, you have no basis to object because the case no longer affects you.Back To Top
Do I have a lawyer in this case?
Class Counsel represents you and other Settlement Class Members for purposes of the Settlement. If you have any questions regarding this lawsuit, you may contact the law firms of Keller Rohrback LLP and Tycko & Zavareei LLP, who have been identified as the co-leaders of Class Counsel. You will not be charged attorney’s fees or costs by Class Counsel as part of this Settlement.Back To Top
How will Class Counsel be paid?
A portion of the Cash Settlement Fund will be used to pay Class Counsel’s attorneys’ fees and costs, subject to approval by the Court. If you elect to be represented by your own lawyer, you may hire one at your own expense. Settlement Class Members who choose this option will be responsible for any attorneys’ fees or costs incurred as a result of this election. Any attorney’s fees and costs approved by the Court will be paid from the Cash Settlement Fund.Back To Top
Who are the Class Representatives?
The Class Representatives that have been appointed by the Court to represent the Class are Plaintiffs Lien Scherr, Caryn Gorzo, Kasey Poe, Anna Dohnke, Jolene Lewis Volpe (formerly Barbara Lewis), Bobbie Joe Huling, Cynthia Whetsell, Martha Merle, Teresa Gattuso, Elissa Wagner, and Dixie Williams.Back To Top
Will the Class Representatives be paid?
As part of this Settlement and subject to approval by the Court, each Class Representative applied for an award of $15,000 to compensate them for their services as representatives of the Settlement Class. Any service amount awarded by the Court to the Class Representatives will be paid from the Cash Settlement Fund. The award will be in addition to any other benefit to which the Class Representatives will be entitled as Settlement Class Members.Back To Top
When and where will the Court decide to approve the Settlement?
The Court held a hearing on September 14, 2022. At the hearing, the Court considered whether the Settlement was fair, reasonable, and adequate. The Court also is considering what amount to award to each of the Class Representatives as compensation for their services for the Settlement Class, and what amount to award to Class Counsel for their attorneys’ fees and costs. The Court will now decide whether to approve the Settlement. Class Counsel does not know how long these decisions will take.Back To Top
Did I have to come to the Hearing?
No, but you could have attended at your own expense. Class Counsel answered any questions the Court may have had.Back To Top
What happens if I did nothing at all?
If you did nothing, and the Court approves the Settlement, you will not get any Settlement Benefit, but you are bound by the Settlement Agreement. You will not be entitled to sue or be part of any other lawsuit against R+F or any of the other persons or entities referenced in the “Release by the Settlement Class” paragraph above, regarding the claims or issues in this case, except for the personal injury or disease claims which are specifically excluded from the Release above. This also means that if the Settlement is approved by the Court, you agree to the release of claims set forth under the heading “What Am I Giving Up to Receive Settlement Benefits as a Class Member?” above, which describes exactly the legal claims that you gave up. You were responsible for any out-of-pocket costs or attorney fees concerning this matter if you remained in the Settlement Class. If you wanted a Settlement Benefit, you had to timely and properly submit a Claim Form on or before the Claim Filing Deadline.Back To Top
How do I get more information?
This FAQ is a summary of the basic terms of the Settlement. For the precise terms and conditions of the Settlement, you may consult the detailed “Settlement Agreement”. The Settlement Agreement, the notice documents, the Second Amended Complaint, all papers filed in connection with the preliminary and final approval proceedings, Class Counsel’s fee motion, and all court orders and judgments relating to the Settlement will be available on this website. Access to the full case docket is free of charge through the Court’s website at https://www.sfsuperiorcourt.org/online-services. At this webpage, click “Case Query” in the left sidebar or in the body of the page. Then, enter the Case Number: CJC-18-004981. The full docket, along with other information, will be displayed.
IF YOU WANT ADDITIONAL INFORMATION, OR HAVE ANY QUESTIONS REGARDING THESE LAWSUITS, HOW THE SETTLEMENT AFFECTS YOUR RIGHTS, OR HOW TO FILE A CLAIM, PLEASE CONTACT THE SETTLEMENT ADMINISTRATOR OR CLASS COUNSEL. PLEASE DO NOT CONTACT THE COURT, R+F or R+F’s INDEPENDENT CONSULTANTS.Back To Top