SOURCE Digital Settlement, LLC

BEDMINSTER, N.J., May 8, 2025 /PRNewswire/ -- The following statement is being issued by Digital Settlement, LLC regarding Krud Kutter "Non-Toxic" and "Earth Friendly" Products.

LEGAL NOTICE

A federal court authorized this Notice. This is not a solicitation from a lawyer.

If you bought any of the Krud Kutter "Non-Toxic" and "Earth Friendly" Products Between May 13, 2016, and April 17, 2025, you may be entitled to payment.

Bush v. Rust-Oleum Corporation, No. 3:20-cv-03268 
U.S. District Court for the Northern District of California

What Is This Notice About? This Notice is to inform you of the settlement of the class action lawsuit referenced above (the "Action") with Rust-Oleum Corporation ("Defendant"). Plaintiff in this lawsuit claims that Defendant deceptively labeled its Krud Kutter brand products as "Non-Toxic" and "Earth Friendly," when in fact, they can cause harm to people, animals, and the environment. Defendant denies all claims in the lawsuit and denies that it did anything unlawful or improper. The Court did not rule in favor of either side. Rather, the parties have agreed to settle the lawsuit to avoid the uncertainties and expenses associated with ongoing litigation.

Am I A Member of The Class? You are a Settlement Class member if purchased any of Defendant's Krud Kutter brand products with the claims "Non-Toxic" and "Earth Friendly" in the United States, for personal or household use and not for resale or distribution, including (1) Krud Kutter Adhesive Remover; (2) Krud Kutter Instant Carpet Stain Remover Plus Deodorizer; (3) Krud Kutter Original Cleaner & Degreaser; (4) Krud Kutter Tough Task Remover; (5) Krud Kutter Sports Cleaner/Stain Remover; (6) Krud Kutter Gutter & Exterior Metal Cleaner; (7) Krud Kutter Kitchen Degreaser & All Purpose Cleaner; (8) Krud Kutter Heavy Traffic Carpet Cleaner; (9) Krud Kutter Deck & Fence Wash; (10) Krud Kutter Multi-Purpose House Wash; (11) Krud Kutter Window Wash; (12) Krud Kutter Parts Washer Cleaner/Degreaser; (13) Krud Kutter Driveway Cleaner & Degreaser; (14) Krud Kutter Original Cleaner & Degreaser (Aerosol); and (15) Krud Kutter Tough Task Remover (Aerosol), and all sizes and packaging types of those products. ("Class Products"), between May 13, 2016, and April 17, 2025 (the "Class Period").

What Does the Settlement Provide? With Court approval, the Settlement provides a Cash Award to Settlement Class Members that submit a valid and timely Claim Form. Settlement Class Members who previously purchased any of the Class Products during the Class Period may submit a claim to receive One Dollar ($1.00) per Class Product purchase with a cap on the amount of Class Products if no proof of purchase is provided. Defendant has also agreed to remove the "Non-Toxic" representation from the Class Products' labels and to add an asterisk to the "Earth Friendly" representation corresponding to the back label statement, "Contains no inorganic phosphates, hazardous solvents or environmentally harmful surfactants" or similar qualifying language.

If the amount in the Net Settlement Fund (net of costs of notice and settlement administration, Settlement Class Counsel's attorneys' fees and litigation expenses and the service awards for Plaintiffs), is either less or more than the amount of the total cash claims submitted by Claimants, the claims of each Claimant will be decreased or increased, respectively, pro rata, to ensure the Settlement Fund is exhausted, with no reversion from the Settlement Fund to Defendant. Pro rata upward adjustment of cash claims shall be capped at two times the claimed amount. For avoidance of doubt, this means that under no circumstances shall a person who submits a claim, with or without proof of purchase, receive more than Two Dollars ($2.00) per Class Product purchased. Any amounts remaining in the Net Settlement Fund after checks are issued and cashed or expired shall be disbursed cy pres. Those Settlement Class Members whose payments are not cleared within one hundred and eighty (180) calendar days after issuance will be ineligible to receive a cash settlement benefit and the Settlement Administrator will have no further obligation to make any payment from the Settlement Fund pursuant to this Settlement Agreement or otherwise to such Settlement Class Member.   

What Are My Rights and Options? You have three options:

You Can Make a Claim. Settlement Class Members who wish to receive a Cash Award must submit a Claim Form by visiting the Settlement Website, www.KrudKutterSettlement.com, and submitting a Claim Form (which can also be printed and mailed). The deadline to postmark or submit your claim online is July 7, 2025.

You Can Object to the Settlement. You may also object to any part of this Settlement. Objections must be mailed to the Settlement Administrator and postmarked no later than July 7, 2025.

You Can "Opt-Out" of the Settlement. You can exclude yourself ("opt-out") of the Settlement by submitting an exclusion request to the Settlement Administrator that is postmarked no later than July 7, 2025. This is the only option that allows you to be part of any other lawsuit against Defendant about the legal claims in this case.

Details about how to opt-out, object, and submit your Claim Form are available on the Settlement Website.

The Fairness Hearing

On September 25, 2025 at 9:30 am, the Court will hold a hearing at the U.S. District Court for the Northern District of California, Courtroom B 15th Floor, 450 Golden Gate Avenue, San Francisco, CA 94102 to approve: (1) the Settlement as fair, reasonable, and adequate; and (2) the application for Plaintiff's attorneys' fees of up to $500,000, and payment of up to $5,000 to the Settlement Class Representative. Settlement Class Members who support the proposed settlement do not need to appear at the hearing or take any other action to indicate their approval.

How Can I Get More Information?

This is only a summary of the settlement. If you have questions or want to view the detailed notice or other documents about the Litigation, including the Settlement Agreement visit www.KrudKutterSettlement.com, contact the Settlement Administrator at 1 (888)-905-9684 or by email at [email protected] or by writing to Krud Kutter Lawsuit Administrator, PO Box 231, Valparaiso, IN 46384, or contact Class Counsel at [email protected].

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