United States District Court for the District of Delaware
Attention purchasers of Molekule Air Purifiers in
the United States from Third Party Sellers like
United States District Court
Amazon and Best Buy on or Before October 12, 2021
PLEASE NOTE THAT THE COURT HAS CHANGED THE FAIRNESS HEARING FROM JANUARY 7, 2022 TO JANUARY 25, 2022 at 3:30 PM EST IN COURTROOM 6A.
The notice concerns a lawsuit called Apaliski, et al. v. Molekule, Inc., No. 1:20-cv- 01548- RGA, pending in the United States District Court for the District of Delaware (the “Lawsuit”). The subject of the lawsuit is alleged false advertising of “Air Purifiers,” namely the Molekule Air, Molekule Air Pro, Molekule Air Mini, the Molekule Air Mini+, and/or the Molekule Air Pro Rx.
A class action Settlement will resolve the Lawsuit by Plaintiffs against Molekule, Inc. (“Molekule” or “Defendant”). The Settlement affects all persons who (a) purchased in the United States, any of the Air Purifiers from a third-party seller, including but not limited to, Amazon, b8ta, Best Buy, MoMa Design Store NYC, and Sprout on or before October 12, 2021, and (b) as of October 12, 2021, had not agreed to the arbitration provision in Molekule’s Terms & Conditions.
The Lawsuit contends that, in its advertising, Molekule made a series of material representations about the nature and efficacy of the Air Purifiers. These include that the Air Purifiers (1) outperform HEPA filters in every category of pollutant; (2) eradicate the full spectrum of indoor air pollutants; (3) provide allergy and asthma symptom relief; (4) combat unhealthy levels of wildfire smoke by destroying airborne pollutants; and (5) that the representations were verified by extensive independent testing. The Lawsuit alleges that this advertising was false and misleading. Molekule denies all of these allegations and maintains that its advertising has been accurate at all times and supported by testing conducted by independent laboratories.
To settle the case, Molekule will provide all Settlement Class Members who submit a claim with a Cash Payment and Coupon. In most circumstances, to obtain benefits from the Settlement, you must complete and return the Claim Form found here.
The Settlement Class’s lawyers will ask the Court for an Attorneys’ Fee and Expense award of up to $410,000 in cash. The Attorneys’ Fees and Expenses award is compensation for investigating the facts, litigating the case, and negotiating the Settlement. They will also ask for $5,000 in cash to be awarded to Plaintiffs Friday Apaliski, Jamie Waterman, Angelique Fish, and John Joyal for prosecuting this Lawsuit. This payment is called a “Service Award.”
| YOUR RIGHTS AND OPTIONS IN THIS SETTLEMENT | DEADLINE | |
| Submit a Claim Form | You can receive a Cash Payment and a Coupon toward future purchase of a filter or filter subscription. In most circumstances, you must submit a Claim Form to receive these benefits. | May 31, 2022 |
| Opt Out | Get out of the lawsuit and the Settlement. This is the only option that allows you to ever bring or join another lawsuit raising the same legal claims against the Defendant. You will receive no Cash Payment, nor Coupon under this Settlement. | December 17, 2021 |
| File Objection | Write to the Court about any aspect of the Settlement you don’t like or you don’t think is fair, adequate, or reasonable. (If you object to any aspect of the Settlement, you must submit a written Objection and that Objection must be received by the Deadline. Your objection must follow all the procedures stated in the body of this notice under “How Do I Object To the Settlement?”) | December 17, 2021 |
| Go to a Hearing | Speak in Court about the Settlement. (If you object to any aspect of the Settlement, you must submit a written Objection by the Objection Deadline noted above. If you opt out of the Settlement, you cannot object.) | January 7, 2022 |
| Do Nothing | You will not receive any Cash Payment or Coupon, unless a third party seller provides sufficient information about your purchase; also, you will have no right to sue later for the claims released by the Settlement. | |
These rights and options - and the deadlines to exercise them - are explained in the notice.
The Court in charge of this case still has to decide whether to approve the Settlement. Cash Payments and Coupons will be sent to Settlement Class Members only if the Court approves the Settlement. If there are appeals, Cash Payments and Coupons will not be sent until the appeals are resolved and the Settlement becomes effective. Please be patient.