On February 8, 2024, Fabuloso issued a nationwide recall in anticipation of three different class action lawsuits filed against its parent company, Colgate-Palmolive. These class actions and subsequent Fabuloso recall were caused by the allegations that popular Fabuloso cleaning products were contaminated with harmful bacteria. Those who do not have healthy immune systems are especially vulnerable to the risk of bacteria contamination.

At Sparrow, we streamline the process of joining and receiving compensation from class actions across various sectors, including those that concern consumer health and well-being. Recently, we’ve provided guidance for the Ozempic class action settlements concerning diabetes drug use. Relying on our experience in processing claims, our expert team is dedicated to achieving hassle-free claims experience for our clients in every case.

With our extensive industry knowledge, we’ve written this blog to provide the important details on the Fabuloso recall and the class actions that caused it. We’ll discuss important case details such as the allegations, the company’s stance, and settlement details. We’ll also give readers a general timeline of action and tips on how to stay updated on class actions like this in the future.

Let’s jump right in.

Fabuloso Company Background

Fabuloso is a popular brand of household cleaning products known for its vibrant fragrances and powerful cleaning capabilities. As a subsidiary of Colgate-Palmolive, Fabuloso has become a staple in many households as it effectively cleans various surfaces and leaves behind a persistent fragrance.

Fabuloso’s product line includes all-purpose cleaners such as Fabuloso Professional, floor cleaners, and degreasers. All of these products are common offerings in major retailers such as Walmart and Dollar General.

Case Details: What is the Fabuloso Recall About?

The Fabuloso recall was a nationwide recall of Fabuloso’s multi-purpose cleaners due to their significant potential health hazards. It resulted from a class action built on allegations that Colgate-Palmolive sold Fabuloso cleaning products contaminated with Pseudomonas species bacteria. The issue arose from a critical manufacturing issue by using inadequate preservative amounts that compromised the sterility of their ingredients. Such contamination affected several products and potentially others sharing similar ingredients.

Pseudomonas aeruginosa, the bacterial species found in numerous Fabuloso products, poses a risk of serious infection, especially because it is resistant to many antibiotics. This bacteria is typically found in small amounts of soil, water, plants, and household trash. However, with many bottles of Fabuloso potentially increasing their density above intended levels, the risk of bacteria growth rises, possibly causing skin irritation and respiratory issues.

Allegations 

Plaintiffs, led by Jeannie Patora, alleged in three separate class actions that Colgate-Palmolive engaged in deceptive practices by selling Fabuloso products contaminated with Pseudomonas bacteria. Colgate-Palmolive has since ordered the Fabuloso recall, encompassing all affected products as well as numerous similar ones for possible bacterial overgrowth. 

Here is a breakdown of the primary allegations:

• Violations of New York General Business Law § 349: This section of the New York General Business Law pertains to deceptive acts and practices. By failing to warn customers that their products may contain a harmful bacterium, they have misled consumers who expect cleaning products to be safe and free from bacterial contamination.
• Violations of New York General Business Law § 350: Pseudomonas aeruginosa can be considered a “material” under the law because it alters the composition and function of the product. Failure to list materials in the ingredients section of a product violates the N.Y. G.B.L. section on false advertising.
• Breach of Express Warranty: Colgate-Palmolive is alleged to have breached express warranties by selling products that were advertised as safe but were contaminated with Pseudomonas aeruginosa. This means that they have failed to meet the promised quality and safety standards.
  

The Fabuloso recall was carried out to preempt further allegations from adding to those currently being directed against Colgate-Palmolive. The voluntary recall also allows the company to technically remain in compliance with regulatory requirements set by the U.S. Consumer Product Safety Commission (CPSC) and the Food and Drug Administration (FDA).

Company’s Stance on the Case 

Colgate-Palmolive has denied all the accusations of wrongdoing from the class actions filed by Jeannie Patora, Plaintiff Dorsey, and Plaintiff Dixon. They also deny any liability to the Class Representatives or any member of the putative classes the Representatives seek to represent in all of the above class actions, collectively referred to as the “Actions.”

However, it has agreed to a preliminary settlement to resolve all three class actions regarding the contaminated Fabuloso products, pending final court approval. Despite the Fabuloso recall and settlement, the company maintains that its products meet safety standards. 

Settlement Details 

The preliminary settlement, approved by U.S. District Judge Vincent L. Briccetti, includes provisions for refund options for affected consumers and potential compensation for damages. It includes all purchasers within the United States who bought one or more specified products between December 14, 2022, and November 14, 2023, categorized into:

• Various Fabuloso cleaning products purchased during the Class Period were identified by specific UPC codes and manufacturing or lot codes of the recalled products. Here is the full list of the “Class Products.”
• Products similar in type, variety, and scent to the Class Products are also included in the settlement as long as they were purchased during the Class Period. Manufacturing codes are not required.

In addition to ordering the Fabuloso recall, Colgate-Palmolive has agreed to contribute $1,925,000 to a Settlement Fund that will cover all expenses, including notice costs, administrative fees, attorney fees, service awards, and payments to class members. Each class member that submitted an Approved Claim may receive monetary reimbursement in the following forms:

• Cash Award Without Proof of Purchase: Eligible for average retail prices of up to two claimed Class Products per household.
• Cash Award With Proof of Purchase of Class Product: Entitled to a full refund of documented expenses for purchased Class Products.
• Cash Award With Proof of Purchase of Potentially Affected Product: Entitled to a full refund of documented expenses for up to five Potentially Affected Products with the highest documented prices.

Payments will be adjusted proportionally depending on whether approved claims exceed or fall short of available funds. This is to ensure equitable distribution among class members.

Timeline of Action

The Fabuloso class action lawsuit has progressed through the majority of lawsuit proceedings. Here is how the timeline of action has transpired:

• Filing Date: Jeannie Patora filed the class action lawsuit against Colgate-Palmolive on February 9, 2023, in the U.S. District Court for the Southern District of New York. This was a day after the Fabuloso recall began.
• Claim Filing Deadline: The deadline to file claims to this settlement passed on March 13, 2024.
• Final Approval Hearing: Final approval for the settlement was given by U.S. District Judge Vincent L. Briccetti on April 25, 2024.
• Payout Date: Although the final approval has already been given, the payout date has yet to be announced. 

Only the payout date is pending announcement at the moment. All objections and other concerns have been heard, and the settlement is now finalized. Unclaimed settlement funds will most likely be redistributed among class members who filed valid claims.

How to Stay Updated on Lawsuit Proceedings

If you are an eligible class member of the Fabuloso recall class action but were not able to submit a claim form on time, remember that there are certain things you can do to stay updated on lawsuit proceedings. Keep these tips in mind to stay informed on cases like this:

Step 1: Follow Court Updates

Keep an eye on official court updates for crucial information, such as important dates and changes in claim filing requirements. Remember to activate email notifications to receive timely updates on objections and court rulings that may impact your claim. This will inform you on whether you should request to speak in hearings, file objections, or make other decisions.

Step 2: Visit the Settlement Website

Frequently check the settlement website for essential updates and insights provided by legal counsel, which may not be available on other official channels. This site is a valuable resource for staying informed about the progress of the case. It also delivers information in a more digestible way, allowing you to quickly learn key details such as dates and requirements.

Step 3: Attend Hearings

Attending court hearings offers firsthand insight into the lawsuit’s proceedings. It’s an opportunity to voice objections or seek clarifications directly from the court, ensuring your perspectives are considered in the final decision. Additionally, being present at hearings allows you to stay updated on any immediate changes or new developments in the case.

Step 4: Follow News Outlets

Stay updated on commercial and legal developments through trusted news outlets specializing in class action lawsuits. These outlets often provide in-depth coverage and insights that complement official court and settlement updates. They may even provide insights that official sources cannot provide with their expert industry sources.

Step 5: Seek Legal Advice From Professionals

Consult with a qualified attorney specializing in class actions to understand your rights and options related to the case. Alternatively, Sparrow offers comprehensive assistance in navigating class action settlements, from identifying eligible claims to facilitating the claims process for timely and fair compensation.

Key Takeaway

With the Fabuloso recall and the class actions that caused it essentially concluded, all that remains is for Fabuloso to pay out the amounts that each class member is entitled to. As of the time of this writing, there is no official announcement yet as to the actual date of the payout, so stay tuned for updates if you are able to file a claim before the deadline.

Otherwise, stay updated on future class actions by regularly monitoring legal news websites, signing up for alerts from consumer advocacy groups, and following updates on official court and settlement websites. This proactive approach can help ensure you are informed about any opportunities for compensation that may arise in the future.

Are you or anyone you know unsure about your rights in an ongoing class action? Don’t hesitate to contact Sparrow for support on joining class actions and gaining the correct amount of compensation as soon as possible. We have the resources and expertise to help class members navigate the nuances and risks of joining class action lawsuits.