Fabuloso Recall: Colgate-Palmolive Hit with Class Action Over Bacterial Contamination [UPDATE]
Last Updated on December 20, 2023
December 20, 2023 – Official Fabuloso Recall Settlement Website Is Live
The official website for the Fabuloso recall class action settlement is live and can be found at CleaningProductRecallSettlement.com.
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To submit a claim online, head to this page. Class members may also download the PDF claim form or call or email the settlement administrator to receive a paper copy.
To submit a claim, you will need the Notice ID and Confirmation Code found in the personalized settlement notice you may have received via email or mail. If you did not receive a notice, you can still file a claim online.
To receive a share of the settlement funds, class members must file a claim form online or by mail by March 13, 2024.
According to the website, the $1.9 million settlement fund will be divided among class members who submit valid, timely claims. Should the total value of all approved claims exceed or fall short of the $1,925,000 fund, class members’ claims will be adjusted on a pro rata basis, the website says.
The parties now await final approval of the settlement terms from United States District Judge Vincent L. Briccetti. A final approval hearing is scheduled for April 25, 2024. The website relays that payments will be distributed to eligible class members if the court grants final approval to the deal, and after any objections or appeals are resolved.
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November 16, 2023 – Court Grants Preliminary Approval of $1.9M Fabuloso Recall Settlement
The proposed $1.9 million Fabuloso recall settlement detailed below received preliminary approval from the court on November 14, 2023.
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In an eight-page order, United States District Judge Vincent L. Briccetti approved the deal and certified a settlement class that includes all consumers in the United States who, between December 14, 2022 and November 14, 2023, bought for personal use and not for resale or distribution purposes one or more of the Fabuloso cleaning products listed on this page.
A final approval hearing has been scheduled for April 25, 2024. It is typically after a class action settlement has received final approval, and any appeals or objections have been resolved, that class members receive compensation.
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October 11, 2023 – Consumers Ask Court to Approve $1.9 Million Fabuloso Recall Settlement
The plaintiffs in several related class actions have asked the court to grant preliminary approval to a $1.9 million settlement that would resolve the claims detailed on this page and provide certain Fabuloso buyers with monetary relief they were not eligible for, or otherwise did not receive, through Colgate-Palmolive’s recall.
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The proposed settlement, if approved, would cover anyone in the United States who, between December 14, 2022 and the date on which the deal is preliminarily approved, bought for personal use and not for resale or distribution one or more of the Fabuloso items that were subject to the February 2023 recall, which are listed on this page.
While the recall required consumers to submit proof of purchase and a picture of the product’s universal product code in order to obtain a refund, the settlement aims to provide more options for consumers to claim cash payments. According to the plaintiffs’ October 6 memo, the deal would provide consumers who submit a valid claim without proof of purchase the total of the average retail price for up to two recalled products per household.
Those who submit a valid claim with proof of purchase, but without the lot codes of the affected products, will receive a full refund for up to five of the recalled Fabuloso items. If a claim is submitted for more than five products, the refund will be limited to the five products “with the highest suggested retail price.”
Lastly, those who submit a valid claim with proof of purchase and the products’ lot codes will receive a full refund of the money they spent on the items.
Importantly, consumers who have already received a refund through the recall will be ineligible to claim a cash award for their previously refunded product purchases.
Settlement payments will be increased or decreased on a pro rata basis, depending on the total number of valid claims that are filed, court documents state.
“In addition to obtaining substantial monetary relief for the Class, Plaintiffs believe that this settlement also serves an important public good by deterring corporations from allowing potentially harmful product contamination and encouraging stricter testing protocols,” plaintiffs’ attorneys told the court.
The attorneys added that the proposed settlement resolves only claims for “economic harm” incurred by consumers and does not release any claims of personal or bodily injury related to the potentially contaminated Fabuloso products.
Court documents note that Colgate-Palmolive has already issued refunds for thousands of products in connection with the recall and agreed to implement a “corrective action plan” in coordination with the U.S. Consumer Product Safety Commission to “minimize the risk of future contamination.”
ClassAction.org will update this page if and when the proposed settlement receives preliminary approval from the court and when an official settlement website is launched for consumers.
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Colgate-Palmolive faces a proposed class action lawsuit after voluntarily recalling roughly 4.9 million bottles of Fabuloso multi-purpose cleaners nationwide due to potential bacterial contamination.
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The 25-page suit alleges the manufacturer has “improperly, deceptively, and misleadingly” labeled and advertised the cleaners by failing to disclose on product packaging that the items contain “incredibly dangerous and life-threatening” bacteria. The case charges that the Fabuloso contamination could stem from “poor manufacturing processes” on the part of Colgate-Palmolive.
“This is egregious, especially because people are spreading this bacteria all over their home by using a product that is supposed to clean their home,” the lawsuit says.
Be sure to scroll down to see which Fabuloso cleaners are included in the recall and how to request a refund.
The Fabuloso cleaners pulled from store shelves on February 8 may contain Pseudomonas aeruginosa, a bacterium that poses a serious infection risk if inhaled or ingested through the skin or eyes, especially for those who are immunocompromised, the filing shares.
The U.S. Consumer Product Safety Commission (CPSC) urges consumers to immediately stop using Fabuloso cleaners included in the recall, and to take a picture of the UPC and lot code on the back of the bottle. The CPSC stresses that consumers should not empty the bottle prior to tossing it in the trash.
In addition to monetary damages, the lawsuit seeks an order from the court establishing a blood testing program and medical monitoring for proposed class members, so as to “monitor individuals’ health and diagnose at an early stage any ailments associated with exposure to Pseudomonas aeruginosa.”
Fabuloso labels make no mention of dangerous bacteria, suit says
Central to Colgate-Palmolive’s marketing of Fabuloso multi-purpose cleaners is “the one place every consumer looks” when buying a product—its packaging and label, the suit stresses. As such, a consumer who views the label of a Fabuloso product “reasonably believes” that what they’re buying is “safe to touch” and free from harmful bacteria, the case states.
“Indeed,” the complaint says, “consumers expect the ingredient listing on the packaging and labels to accurately disclose the ingredients within the Products.”
The lawsuit alleges Colgate-Palmolive’s advertising and marketing for the Fabuloso cleaners at issue is false, deceptive and misleading given that the products contain, or risk containing, Pseudomonas aeruginosa. As a result, consumers “lost the entire benefit of their bargain” when they bought Fabuloso cleaners that, unbeknownst to them, were contaminated with a bacterium known to be harmful to human health, the case contests.
“That is because Defendant’s Products containing, or at risk of containing, a known dangerous substance have no value,” the lawsuit asserts, claiming the recalled Fabuloso cleaners are “in no way safe” and “entirely worthless.”
Which Fabuloso cleaners were recalled?
According to the official recall website, the following Fabuloso multi-purpose cleaners are impacted by the recall:
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On the recall website, Colgate-Palmolive stated that it voluntarily pulled the cleaners from the market because “a preservative was not added at the intended levels during manufacturing,” which created “a risk of bacteria growth” in the products. Products recalled by the company were made between December 14, 2022 and January 23, 2023, and said to possibly contain Pseudomonas aeruginosa—which was recently found in certain brands of artificial tears eye drops—and Pseudomonas fluorescens, bacteria that can be highly resistant to most antibiotics.
According to the CPSC, there have been no reports of incidents or injuries linked to the recalled Fabuloso cleaners.
I bought a recalled Fabuloso cleaner. Can I get a refund?
To request a refund from Colgate-Palmolive, fill out and submit the form here. Those seeking a refund must upload photos of the recalled bottles they purchased with the UPC barcode and manufacturing code visible.
The UPC and manufacturing code for the Fabuloso product(s) you purchased can be found on the back of the bottle. Impacted batches of Fabuloso bear a manufacturing code with the first eight digits beginning with 2348US78 through 2365US78 and 3001US78 through 3023US78.
Any product bearing an “MX” lot code or stating “Made in Mexico” on the back label is not part of the recall and safe to use, according to Colgate-Palmolive.
The recall website states that refunds will be sent to individual consumers once Colgate-Palmolive confirms that a customer’s products were included in the recall. This process could take four to six weeks, the recall site says.
Who’s covered by the lawsuit?
The case looks to represent all consumers who bought any of the Fabuloso cleaning products listed on this page in the United States within the applicable statute of limitations period.
How do I get involved in the class action?
There’s nothing you need to do to join or add your name to the proposed class action at this time, as it’s usually only if and when a case settles that consumers who are covered by the suit, called “class members,” need to act. This will typically involve filling out and filing a claim form online or by mail.
For now, Fabuloso buyers should hang tight as it could take months or years for the lawsuit to move toward a resolution.
If you’ve bought any of the recalled Fabuloso cleaners listed on this page, or simply want to stay in the loop on class action lawsuit and settlement news, sign up for ClassAction.org’s free weekly newsletter.
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Did you know there's usually nothing you need to do to join, sign up for, or add your name to a new class action lawsuit when it's initially filed?
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