A recent class action settlement concerning Clorox Automatic Toilet Bowl Cleaner (CATBC) provides class members with the relatively rare opportunity of collecting some actual money.
The settlement, which has received preliminary approval, provides compensation for anyone who "purchased, used, or suffered any property damage from use of CATBC" between December 13, 2002 and September 15, 2010.
The agreement provides that
Clorox will create a fund containing up to $8 million to compensate plaintiffs
for damage that resulted to their toilets from use of CATBC.
To claim an amount less than $30, a consumer need only provide her contact information and a signed statement, under penalty of perjury, regarding the damage. To claim between $30 and $175, a consumer must submit "the nature of the damage that was allegedly caused by CATBC, along with an affirmation that the damage occurred either during or after use of the product. To collect more than $175, the plaintiff must submit more detailed documentation.
Any money left over in the fund will be donated to a "non-profit or civic entity, according to the class notice.
Plaintiffs: Study showed CATBC harmful
The lawsuit, originally filed in 2006, alleged that CATBC corrodes toilets' rubber and plastic parts, despite the product's explicit promise that it "does not harm plumbing." The plaintiffs alleged that CATBC caused toilet parts to deteriorate to the point that the flush mechanism failed entirely.
According to the original complaint, the defect resulted in "water leaking from the toilet tank and [forced] consumers to replace [various] components long before they would otherwise need replacing."
The plaintiffs alleged that Clorox should have known about the problem. According to the complaint, "independent one-year exposure tests have demonstrated that the Product materially damages toilet valves, destroys toilet flappers and corrodes the metal and other exposed plastic parts in the toilet tank."
According to settlement papers, as part of the settlement, Clorox has agreed to remove the term "does not harm plumbing" from CATBC packaging. There is no mention of whether Clorox plans to change the CATBC formula in order to decrease the chances that it damages toilet parts.
Claim forms must be postmarked by January 28, 2011. If class members fax or email their claim form, it must also be submitted on or before January 28, 2011. Class members can download claim forms, and obtain additional information, at the official settlement website.
The settlement is still pending final approval, with a hearing scheduled for December 29, 2010. Under the settlement, Clorox denies wrongdoing and maintains its position that CATBC does not harm plumbing or toilet components.
