Consumer & Product Liability

Kinsella Media has pioneered the use of media industry planning tools and methodologies to target and quantify the reach of unidentifiable class members in consumer class actions. From ink-jet printers and tires to cosmetics and cold remedies, Kinsella’s case experience runs the gamut from defective products to false advertising.

Selected Case Experience: Consumer & Product Liability

Wilson v. Airborne, Inc.

No. EDC V07-770 VAP (C.D. Cal.)

Cold remedy users and dietary supplement users were the target audiences of this class action involving Airborne Products. Direct notice was provided to all identifiable Class Members through email notice. National consumer magazines and Internet banner advertising were utilized as well as in-flight magazines of major commercial airlines and a travel magazine due to the fact that cold remedy and dietary supplement users are more likely than the average adult to read in-flight or travel magazines. The program resulted in hundreds of thousands of claims.

Sadowski v. General Motors Corp.

No. HG03091369 (Cal. Super. Ct. Alameda County)

Because there was no comprehensive list of class members, a published notice campaign was necessary to reach owners of certain General Motors vehicles with V6 engines that may have suffered damage from GM DEX-COOL. Advertisements were placed in far-reaching newspaper supplements such as Parade and USA Weekend and consumer magazines such as Better Homes and Gardens, People and Reader’s Digest. Additionally, a comprehensive Internet banner ad program resulted in approximately 76 million opportunities to view the banner ad.

McDonald’s Trans Fatty Acid Settlement

Fettke v. McDonald’s Corp.,
No. 044109 &
BanTransFat.com v. McDonald’s Corp.,
No. 034828 (Cal. Super. Ct. Marin County)

Because of the broad demographics of the class involved in this case, Kinsella Media designed an innovative notice program including paid media and an unprecedented in-store notice to both adults and teens. The plan was designed around a publication notice appearing in either Spanish or English in newspaper supplements and consumer magazines with high circulation to McDonald's customers. In addition to the paid media effort, McDonald's restaurants nationwide prominently displayed stickers on restaurant doors and “pay drive-thru” windows referring customers to more information about the case posted on the bulletin board within each restaurant.

Shields v. Bridgestone/Firestone, Inc.

No. B-170,462 (Tex. Dist. Ct. Jefferson County)

Direct mail to several million tire owners as well as multiple insertions of the publication notice in national consumer publications provided notice in this class action settlement. Tires included in the settlement were the Firestone ATX, ATX II, Wilderness AT and other tires subject to an investigation initiated by the National Highway Traffic Safety Administration on May 4, 2000. Published notice included ads in Better Homes and Gardens, National Geographic, Newsweek, Reader’s Digest, Parade, People, Sports Illustrated, TV Guide and USA Weekend.

Azizian v. Federated Department Stores, Inc.

No. 4:03CV-03359 (N.D. Cal.)

The settlement of this class action provides $175 million worth of cosmetics to individuals who purchased certain cosmetics and fragrances at major department stores. Published notice targeted primarily women through multiple notices in Better Homes & Gardens, Cosmopolitan, In Style, Newsweek, Parade, People, Reader’s Digest, TV Guide, USA Weekend, Woman’s Day and major daily newspapers. Class members had the option to register online to receive an email or postcard notifying them when cosmetic gifts would be available at department stores.

Selected Case Experience: Statewide

Fen-Phen – Burch v. American Home Product Corp.

No. 97-C-204 (1-11) (W.Va. Cir. Ct. Brooke County)

Kinsella Media’s notice in the West Virginia Fen-Phen class action efficiently targeted women with an emphasis on television advertising during daytime programming.

Engle v. R.J. Reynolds Tobacco

No. 94-08273 CA (20) (Fla. Cir. Ct. Dade County)

In the Engle tobacco class action in Florida, Kinsella Media executed an extensive earned media program directed to television stations throughout the state, supplementing newspaper and magazine advertising targeted to current and former smokers.

Infant Formula

(Abbott Laboratories - 16 separate statewide cases)

The infant formula litigation paid media notice programs in 16 states generated an enormous response, resulting in 1.3 million calls to the toll-free telephone number.

In re Tri-State Crematory Litigation

MDL No. 1467 (N.D. Ga)

Reiff v. Epson America, Inc, and Latham v. Epson America, Inc.

No. 4347 (Cal. Super. Ct. Los Angeles County)

"The notice constituted valid, due and sufficient notice to all members of the Settlement Classes, and complied fully with the requirements of Rule 23 of the Federal Rules of Civil Procedure, the Constitution of the United States, the laws of New Jersey and any other applicable law."

— Stanley R. Chesler
Galanti V. Goodyear Tire & Rubber Co.
No. 03-209 (D.N.J.)

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How Can We Help You?

Contact us before the settlement is complete to discuss a media notice plan that reaches class members using plain language, meets CAFA requirements and meets quantifiable measures of adequacy.

202.686.4111