Frequently Asked Questions
1. What are the lawsuits about?
The plaintiff in this case alleges that US Smokeless Tobacco was monopolizing the market for moist smokeless tobacco products, which is a violation of antitrust and/or consumer protection laws. US Smokeless Tobacco denies these claims and the matter has not yet been ruled on by the Court.
Defendants expressly deny that they have engaged in any wrongful or illegal sales practices or other conduct, and have asserted numerous defenses to Plaintiffs’ claims.
2. Who is a member of the Class?
Anyone who was of the legal age to purchase tobacco and purchased US Smokeless Tobacco products in Massachusetts for personal use (and not for resale) between the dates of: January 1, 1990-May 21, 2009. These include products such as: Copenhagen®, Skoal®, Rooster®, Red Seal®, Bandits®, Pouches®, and Husky®.
3. What can I get from the settlement?
The proposed settlement provides for a payment of $10,650,000 by U.S. Smokeless Tobacco into a Settlement Fund. If the Court approves the proposed settlement, eligible Class Members may receive cash payments totaling as much as $700 as described in detail in the Plan of Distribution attached to the court’s order preliminarily approving the Settlement Agreement.
4. What else does the settlement provide?
Any amount of the Settlement Fund remaining, after the payment of Class Members’ approved claims, Court-approved notice and claims administration costs, Court-approved attorneys’ fees, and any taxes, shall be distributed to Court-approved charitable and/or non-profit organizations in Massachusetts.
If you wish to receive a cash payment as part of the proposed settlement, you must submit a Claim Form to the Settlement Claims Administrator no later than December 31, 2009. Upon Court approval of the settlement and entry of a final and non-appealable judgment and certain other conditions listed in the Settlement Agreement, the Settlement Claims Administrator will issue a cash payment to you as described below if you have submitted a timely and valid Claim Form.
Valid and timely claimants may receive $25, $50, $75, $100, $175, $350, $525 or $700 payments from the Settlement Fund depending upon the amount and length of time of their purchases of Moist Smokeless Tobacco Products, and upon the number of valid and timely claims received from all Class Members.
Specifically, claimants may be eligible to receive a $175 payment for each of the following time periods during which they purchased 31 or more cans of UST moist snuff:
- Purchase Period A: Any time from January 1, 1990 through December 31, 1994;
- Purchase Period B: Any time from January 1, 1995 through December 31, 1999;
- Purchase Period C: Any time from January 1, 2000 through December 31, 2004;
- Purchase Period D: Any time from January 1, 2005 through May 21, 2009.
Claimants may claim for one or more Purchase Periods and any combination of Purchase Periods, and may receive $175, $350, $525 or $700. A pro-rata reduction of the estimated payment amounts may be made depending upon the Settlement Funds available for such payments and the total number of valid and timely claims made by Class Members.
Infrequent purchasers who purchased 30 cans or less during any given Purchase Period, and who submit a valid and timely claim, shall receive $25.00 for each Purchase Period claimed.
6. What is the Final Approval Hearing and when will it occur?
A hearing will be held before the Suffolk County Superior Court, Boston, Massachusetts, on October 23, 2009 at 2:00 p.m. At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are timely objections to the settlement, the Court will consider them. The Court may also decide how much to pay Plaintiffs’ Counsel. After the hearing, the Court will decide whether to grant final approval of the settlement.
7. How can I get additional information?
If you require additional information that is not otherwise provided in the Notice or this website you may contact the Settlement Administrator directly at the following address and phone number:
c/o Rosenthal & Company LLC, Mass Snuff Settlement
P.O. Box 560, Medford, MA 02155
1-800-207-0343