Details of the Class Action and Settlement
Defendants: Guthy-Renker, LLC and WEN by Chaz Dean, Inc.
Injury: hair loss, hair damage and/or scalp irritation
Cause of action: statements made in connection with the marking of WEN® were untrue and misleading
Defense response: no link between hair loss and WEN®
Class Action: All people who purchased WEN between November 1, 2007 and September 19, 2016 are members of the class action unless they voluntarily excluded themselves from the class.
Settlement: Settlement Fund of $26,250,000.00 Tier 1: Class-Wide Flat Rate Claims. Any person who purchased or used WEN® can file a Tier 1 Claim for a one-time $25 cash payment as compensation for claims of personal injury after using WEN® or for alleged false statements regarding WEN®. Tier 2: Documented Adverse Reaction Claims of up to $20,000 per Class Member, to compensate consumers for claimed adverse reactions causing personal injury such as hair loss, hair damage, scalp irritation and emotional distress that accompanied such alleged injuries.
Who qualifies for the settlement?
To qualify for the settlement, you must have purchased or used at least one of the following WEN® Products between November 1, 2007 and September 19, 2016:
Products have been sold through all outlets (including, but not limited to, Guthy-Renker LLC, WEN by Chaz Dean, Inc., QVC, Amazon and Sephora).
How much will my compensation be?
In this settlement, you could be awarded between $0 and $20,000 depending on your level of injury and steps taken to notify the company, FDA, and suppliers about your injury. The severity of your injury will be determined by the class action “Special Master” who evaluates your claim based on factual evidence submitted. Evidence can fall into the following categories:
- Damage to hair and/or scalp;
- Duration of physical injury;
- Emotional damage;
- Out-of-pocket expenses; and
- Medical history
What if I don’t believe the compensation offered is sufficient?
In order to opt-out of the settlement, you must do so by February 10, 2017. If you do not opt-out of the settlement you lost your right to sue the company for any further damages. If you choose to opt-out please contact GoldenbergLaw for additional help with your claim.